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Review Papers | Law | India | Volume 11 Issue 1, January 2022 | Popularity: 5.3 / 10

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Laws and Issues Related to DNA Profiling in Criminal Investigation in India: A Critical Study

Gurushikha Kundu, Aditya Kundu

Abstract: The rapid implementation and continuing expansion of forensic DNA databases around the world has been supported by claims about their effectiveness in investigations as it gets easy to find the accused by matching their DNA with the samples found at the crime scene and on the other hand challenged by assertions of the resulting intrusiveness into individual privacy and violating their fundamental rights as given under Constitution of India. These two competing perspectives provide the basis for ongoing considerations about the categories of persons who should be subject to nonconsensual DNA sampling and profile retention as well as the uses to which such profiles should be put. The presentation of DNA profiling has represented some genuine difficulties to the lawful privileges of an individual, for example, Right to Privacy and Right against self-implication which is the reason it?s been declined as proof by the Courts some of the time. Additionally, the acceptability of the DNA proof under the watchful eye of the court consistently relies upon its exact and legitimate assortment, protection and documentation which can fulfill the court that the proof which has been placed in front it is solid. There is no particular enactment present in India that can give certain rules to the investigating offices and the court, and the strategy to be received in the cases including DNA as its proof. In some case, a few arrangements permit assessment of individual blamed for assault by clinical expert and the clinical assessment of the assault casualty separately yet the suitability of these confirmations has stayed suspicious as the assessment of the Supreme Court and different High Courts in different choices stayed clashing. Judges don't deny the logical exactness and decisiveness of DNA testing, however now and again they don't concede these confirmations on the ground of lawful or protected preclusion and once in a while the open arrangement. The DNA Bill, 2019 though benefits by providing for the mandatory accreditation and regulation of DNA laboratories, the Bill seeks to ensure that with the proposed expanded use of this technology in the country and there is also the assurance that the DNA test results are reliable and the data remain protected from misuse or abuse in terms of the privacy rights of our citizens. But on the other hand, it has raises concerns like misuse of Information from DNA samples can reveal not just how a person looks, or what their eye color or skin color is, but also more intrusive information like their allergies, or susceptibility to diseases. As a result, there is a greater risk of information from DNA analysis getting misused safety issues that the question of whether the DNA labs accredited by the Regulatory Board are allowed to store copies of the samples they analyses. And if so, how the owners of those samples can ensure the data is safe or needs to be removed from their own indices and issues over storage asit?s not clear if DNA samples collected to resolve civil disputes will also be stored in the databank (regional or national), although there is no index specific for the same. If they will be stored, then the problem cascades because the Bill also does not provide for information, consent and appeals.

Keywords: DNA, Intrusiveness, Effectiveness

Edition: Volume 11 Issue 1, January 2022

Pages: 530 - 534

DOI: https://www.doi.org/10.21275/SR22110091601

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