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Research Paper | Law | India | Volume 12 Issue 8, August 2023 | Popularity: 4.8 / 10

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The Role and Challenges of DNA Evidence in the Indian Justice System: A Comprehensive Analysis

Suraj Kumar

Abstract: In addition to being often utilized to identify criminal activity, forensic DNA analysis is also frequently employed in civil disputes to prove the paternity of disputed children. Affiliation orders, divorce processes, and instances of questioned legitimacy are where the bulk of cases involving challenged paternity occur. In recent years, there has been an increase in the use of DNA evidence in criminal investigations. Low enforcement has benefited from the use of DNA testing to identify perpetrators and solve complex crimes like rape and murder with rape. Computerized DNA databases for the identification of criminal criminals have been developed in several countries, making it feasible to identify people quickly in mass disasters using DNA typing. With the exception of identical twins, no two individuals have the same DNA, making DNA a formidable investigative tool. To put it another way, each person's DNA is distinct because the sequence or order of the DNA building blocks varies depending on the location within the cell. In criminal investigative instances, DNA is also quite significant. The science of DNA identification is examined in this essay, as well as its use in both civil and criminal cases. Analysis of the legislation pertaining to various countries is also included. The Indian Evidence Act of 1872 and the Code of Criminal Procedure of 1973 do not have any explicit rules to address forensic science concerns, despite the fact that DNA has a significant role to play in criminal investigation cases including murder, rape, contested paternity, man - made catastrophe, etc. In this essay, the science of DNA identification and its application to criminal investigations, trials, appeals, and post - conviction actions are studied. It discusses the key advantages and disadvantages of the growing use of DNA identification in the criminal justice system, with a focus on India.

Keywords: Identification, Legitimacy, Privacy, constitutional validity, IPC, Cr. PC, Indian Evidence Act

Edition: Volume 12 Issue 8, August 2023

Pages: 166 - 169

DOI: https://www.doi.org/10.21275/SR23729165121

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