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While pronouncing judgment in a criminal appeal, the Supreme Court of India issued Directions in handling of DNA evidences to ensure uniformity in procedures and sensitivity which aid the sanctity of the evidence.

Issues with management of DNA Evidences in India

  • Collection and preservation: Inadequate training of the investigating personnel, breakdown of chain of custody, etc.
  • Limited Forensic capacity: Shortage of DNA labs and regional disparity, delays in analysis due to understaffing, etc.
  • Lack of uniform SOPs: Because ‘Police’, ‘Public Order’ are subjects mentioned in List-II of the Seventh Schedule of the Constitution of India.

Key Highlights of the Supreme Court Direction

  • Collection of DNA samples: Proper documentation of the collected DNA samples with details of section and statute involved, details of Police Station, etc.
  • Transportation: Investigating Officer to ensure samples reach the Forensic Lab in any case not later than 48-hours from the time of collection.
  • Chain of custody register: To be maintained right from the point of collection to the logical end, i.e., conviction or acquittal of the accused, to record each and every movement of the evidence.

Admissibility of DNA Evidence in Courts in India

  • Kunhiraman v. Manoj Case (1991): DNA technology was deployed for the first time to adjudicate a paternity dispute
  • Sharda vs. Dharmpal Case (2003): Supreme Court approved the application of DNA technology in civil or matrimonial disputes.
    • Court held that would not be in violation of the Article 21 (right to personal liberty) or Article 20(3) (right against self-incrimination).
  • Bharatiya Nagarik Surakhsha Sanhita, 2023: Section 51 allows medical inspection of apprehended individuals, including DNA profiling and any other tests that registered medical practitioner deems necessary.
  • Criminal Procedure (Identification) Act, 2022: Empowers the NCRB and other competent authority to collect and store measurements, including biological samples of convicts.
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