Deciphering DNA Profiling

- DNA profiling identifies individuals using unique regions of their DNA, focusing on specific sequences called Short Tandem Repeats (STRs).

- It is instrumental in forensic investigations, using biological samples such as blood, saliva, and semen to extract DNA and generate a person's DNA profile.

- The process of DNA Profiling involves Isolation, Purification & Quantitation, Amplification, Visualization & Genotyping, and Statistical Analysis & Interpretation.

The Role of DNA Profiling in Legal Proceedings

- DNA profiling assumes a critical role in the legal system by comparing DNA profiles from evidence with known samples, leading to results that either match, exclude, or remain inconclusive.

- A random occurrence ratio is provided to indicate how often similar profiles may appear in the population.

- The Madras High Court highlighted that a DNA match does not conclusively prove identity, stressing the need for corroborating evidence.

Legal Provisions Regarding DNA Profiling in India

- DNA profiling in India is regulated under the Constitution of India, Code of Criminal Procedure, 1973 (CrPC), and the Indian Evidence Act, 1872.

- Under Article 20(3) of the Indian Constitution, individuals are protected from being compelled to testify against themselves.

- The CrPC stipulates provisions for DNA profiling of suspects at the investigation agency's request. Section 53A specifically allows DNA profiling for rape suspects.

- The Indian Evidence Act specifies sections related to admissibility of expert testimony, including DNA evidence.

Reviews of DNA Profiling in Legal Cases

- Key judicial precedents have highlighted the importance and limitations of DNA profiling in legal cases, ruling that DNA evidence varies in value depending on the facts and circumstances of the case.

DNA Technology Bill and DNA Profiling Limitations

- The DNA Technology Bill, 2019, proposed by the Law Commission, calls for comprehensive legislation for DNA profiling, focusing on preventing misuse and restricting DNA profiling to legal uses only.

- DNA profiling can be limited by environmental stress, sample degradation, complexity, unreliability, cost, and legal interpretation.

- The Bill, introduced several times in Parliament, faced opposition regarding the accuracy of DNA technology, potential privacy threats, and possibility of abuse.

The Way Forward for DNA Profiling

- To enhance DNA profiling's accuracy and reliability, investment in research and development is necessary.

- Establishment of standard procedures and quality control in forensic labs is crucial.

- The DNA Technology Bill of 2019 needs to be revisited and revised addressing privacy concerns and ensuring robust safeguards.

- Ensuring transparency in the process of DNA evidence collection, analysis, and court presentation is vital to maintain public confidence.