Utility of DNA Technology in Indian Criminal Legal Justice System

Abstract

The admissibility of the DNA evidence before the court always depends on its accurate and proper
collection, preservation and documentation which can satisfy the court that the evidence which has
been put in front it is reliable. There is no specific legislation which is present in Indian which can
provide specific guidelines to the investigating agencies and the court, and the procedure to be
adopted in the cases involving DNA as its evidence. Section 53 of Code of Criminal Procedure1973
authorizes a police officer to get the assistance of a medical practitioner in good faith for the proposed
of the investigation. But, it doesn’t enable a complainant to collect blood, semen etc for bringing the
criminal charges against the accused. Many courts in the country have allowed DNA technology to be
used in the investigation and in producing evidence. To make sure that modern technologies can be
used effectively, there is an urgent need of a specific legislation which would provide the guidelines
regulating DNA testing in India.

DOI: https://www.doi.org/10.5281/zenodo.6844045