Abstract
DNA evidence has improved the ability to solve crimes, clear innocent people, and support prosecution cases, which has had a significant impact on criminal investigations. It has been essential in resolving unsolved crimes and connecting serial offenders. By using more trustworthy identification techniques, it has also helped avoid erroneous convictions. Technological innovations like fast DNA testing and next-generation sequencing have significantly enhanced forensic capabilities. Notwithstanding, several obstacles persist, such as those of contamination, privacy, and the moral use of DNA databases. In general, DNA evidence has revolutionised the legal system by facilitating more precise and effective investigations; nonetheless, cautious handling is necessary to guarantee the evidence’s impartiality and integrity.
Key words – DNA database, prosecution, trustworthy, contamination & nonetheless.
Introduction
In the contemporary period of justice, new and advanced technologies have taken over and are offering a plethora of choices to simplify and improve the case’s interpretation in a variety of ways. The proof would be gathered manually or by witnesses, just like in the past. However, the arrival of contemporary technology has brought about a significant transformation in the legal profession as well as other economic sectors. One of the innovations of the technology itself is forensic search. This article’s whole content, from the outset to the conclusion, centres on the dynamic nature of the evidence-collection process, how DNA changes the field of forensic science, and how it might be helpful in criminal investigations.
History of DNA
The Swiss chemist Friedrich Miescher discovered DNA for the first time in the late 1860s. When DNA was later identified as the universal genetic material, new avenues for study and advancement became available. In an immigration issue in the UK in 1985, it was first used for forensic purposes. The realm of criminal justice was completely transformed by the introduction of DNA technology, which has advanced technologically since the discovery of DNA fingerprinting to the present.
What is DNA ?
The specific acronym for “deoxyribonucleic acid” is DNA. It alludes to a tiny, molecule-like structure that houses all of the genetic background information. Most people think of DNA as a double chain of nucleotides that have been twisted into a double helix form. It is frequently discovered in the cytoplasm of prokaryotic species and the cell known as the nucleus of eukaryotic organisms. Every living thing is subjected to this kind of lab examination, which looks at characteristics such as finger impressions, eye colour, hair texture, and many other features that define a person. DNA testing can reveal information about an individual’s growth and development, possible viral infections, reproductive health, etc.
Significance of genetic evidence.
One molecule that is known to hold information about living things is called DNA. When it comes to establishing a point and providing accurate and trustworthy evidence in criminal cases, DNA is a crucial tool. This feature of contemporary technology aids in accurately describing the true nature of an offence, contributes significantly to the validity of criminal investigations, and ensures that the public receives fair justice.
Sexual offences can be quickly investigated using DNA by comparing semen samples taken from the victim with samples from other people. By obtaining their blood or hair samples, it also aids in maternity and paternity identification.
Limitations of DNA evidence
Forensic search is necessary in most circumstances, but not always. In certain instances, the samples could get contaminated and cease to be present accurately. This leads to erroneous results that are unreliable because the samples that were accidentally left behind were unsure of their accuracy.
The fact that the offender’s crime does not excuse his purpose to use the samples he inadvertently left behind for a DNA test without realising they would be used against him is another drawback of the DNA evidence. A crucial component of a crime, mensrea, is absent and must be established with the use of DNA evidence.
A multitude of suspects emerge from DNA tests that yield untrustworthy results. DNA samples do not allow for conclusions to be made; a thorough examination is required.
Regarding the difficulties arising from DNA evidence, the Indian Constitution essentially has two articles, which are as follows:
- The right to privacy is stated in Article 21 of the Indian Constitution.
- The right against self-incrimination is stated in Article 20(3) of the Indian Constitution, which provides that no individual or accused of an offence has ever been forced or coerced to testify against himself.
Consequences of DNA evidence
Although some traditional forensic techniques can be applied to criminal investigations, they are not as precise as modern technology when it comes to information accuracy and reliable results that can be applied to any area of criminal investigation. Furthermore, DNA evidence resolves conflicts that may arise between the parties involved.
In the modern scenario, there are various advancements in technology that also improve testing methodology and have expanded the efficiency of forensic search. The numerous advancements in the field of forensic investigations guarantee an ideal resolution for the eradication of crimes while also opening up new avenues for the administration of justice.
Case laws
Gautam Kundu v. State of West Bengal (1993): Article 20(3) of the Indian Constitution, which states that no one may be coerced or forced to give their body samples in order to continue the DNA process because it goes against the fundamental principle, is also related to this case and serves to highlight the full extent of Section 112 of the Indian Evidence Act, 1872.
Rajli Rajjo versus Kapoor Singh and Ors. (2013)The Punjab and Haryana High Court rendered a decision in this case, which involved a criminal investigation and the gathering of evidence from the crime site. The DNA samples served as a useful guide in establishing the accused’s innocence.
Technology used for DNA
Next-Generation Sequencing (NGS): Sophisticated DNA analysis methods, like NGS, offer more precise genetic data, enhancing the capacity to identify specific individuals and examine intricate DNA mixes.
Rapid DNA Testing: As a result of technological developments, quick DNA test techniques have been developed, enabling law enforcement to expedite investigations by providing results in a matter of hours.
Conclusion
DNA evidence has transformed criminal investigations by offering a strong and dependable instrument that has changed the legal system. Its significance in contemporary forensic research is highlighted by its capacity to precisely identify offenders, resolve unsolved cases, and avoid erroneous convictions. However, appropriate collection, analysis, and moral application are necessary for DNA evidence to be useful. DNA will become even more important in guaranteeing justice as technology develops, but issues including privacy issues, contamination dangers, and the requirement for standardisation must be addressed. In the end, DNA evidence is a fundamental component of modern criminal investigations that strikes a balance between the preservation of individual rights and the search for the truth.
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WRITTEN BY: MELVIN SUJAY
