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DNA evidence: current perspective and future challenges in India.

Sunil K Verma1, Gajendra K Goswami2

  • 1CSIR-Centre for Cellular and Molecular Biology, Uppal Road, Hyderabad 500 007, India.

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|June 27, 2014
PubMed
Summary

DNA fingerprinting is crucial in Indian courts for identity and disputes since 1989. Careful DNA legislation is needed globally, considering its impact on justice and societal views.

Keywords:
DNA Bill (India) 2012DNA evidenceDNA fingerprintingDNA legislationDNA profilesForensic DNA testing in India

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Area of Science:

  • Forensic Science
  • Genetics
  • Law

Background:

  • DNA fingerprinting technology, discovered in 1985, has become a vital tool in legal systems worldwide.
  • In India, its application began in 1989 for parentage disputes and has since expanded to criminal cases and wildlife forensics.

Purpose of the Study:

  • To review the current status of DNA testing in India.
  • To analyze the implications of admitting DNA evidence in judicial proceedings.
  • To examine the need for careful DNA legislation in light of legal, ethical, and societal factors.

Main Methods:

  • Comprehensive literature review on DNA testing and its legal admissibility.
  • Analysis of existing and proposed legislation in India, including the draft 'Human DNA Bill-2012'.
  • Examination of case law and societal attitudes towards DNA evidence.

Main Results:

  • DNA fingerprinting is widely used in India for civil and criminal matters, including identity establishment and dispute resolution.
  • There is an ongoing legislative effort in India to regulate the use of DNA in the judicial system.
  • The admissibility and impact of DNA evidence are significant considerations in legal and ethical frameworks.

Conclusions:

  • DNA technology offers powerful capabilities for truth-seeking in legal contexts.
  • Legislation governing DNA testing must be carefully crafted to balance scientific advancement with legal and ethical considerations.
  • There is a global need for well-designed DNA legislation to ensure justice and protect individual rights.