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
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