CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD

Abstract

Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.