The Supreme Court has issued guidelines to standardize DNA evidence handling, to ensure consistency and integrity. The guidelines include a "chain of custody" tracking every person handling DNA evidence and requiring trained personnel. Experts suggests robust training programs, infrastructure upgrades, continuous monitoring, strict adherence, and a DNA Technology Regulation Bill.
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Picture Courtesy: INDIAN EXPRESS
The Supreme Court laid down procedural guidelines to standardise the management of DNA evidence.
DNA (Deoxyribonucleic Acid) is a unique blueprint for every living thing, including humans. No two people, except identical twins, share the exact same DNA.
It serves as powerful evidence in legal cases, helps investigators identify suspects, link them to crimes, or prove someone's innocence. It acts as a silent witness, providing strong clues for solving crimes.
The Supreme Court highlighted: different police departments and forensic labs across India handled DNA evidence differently.
What is the "chain of custody"? => It is like a detailed logbook that tracks every single person who handles the DNA evidence, from the moment it is collected until it reaches the court, this ensures the evidence's integrity. |
Collection of DNA evidence => Only trained personnel should collect DNA evidence.
Label and document DNA evidence => Every piece of evidence receives a label showing important information such as the First Information Report (FIR) number, the date of collection, the sections of the law involved, the name of the Investigating Officer (IO), and the police station.
Transporting and storing DNA evidence => Police must send the collected evidence to a forensic lab within 48 hours.
Before Guidelines |
After Guidelines |
|
Evidence Handling |
Inconsistent, varied by location |
Standardized, uniform nationwide |
Reliability |
Risk of contamination/degradation |
High, scientifically sound, tamper-proof |
Justice Outcomes |
Higher risk of wrongful convictions |
Enhanced fairness, protects rights |
Credibility |
Lower due to inconsistencies |
Increased, aligns with global standards |
Limited Infrastructure => Many forensic labs lack advanced equipment, adequate funding, and enough trained personnel to handle the increasing volume of DNA samples efficiently.
Backlog of Cases => Labs face a huge backlog of samples, leading to delays in getting results, which impacts the speed of justice.
Training Gaps => While guidelines exist, ensuring all police personnel and legal professionals receive consistent, high-quality training on DNA evidence collection and its legal implications remains a challenge.
Ethical and Privacy Concerns => Data security, and the potential misuse of DNA data banks. Striking a balance between using DNA for justice and protecting individual privacy is critical.
Robust Training Programs => All police officers, forensic scientists, and legal professionals need continuous and comprehensive training on the latest DNA collection techniques, scientific analysis, and legal procedures.
Infrastructure Upgrade => Forensic labs require investment in modern equipment, better facilities, and more qualified staff to handle the workload efficiently.
Continuous Monitoring => Authorities must regularly monitor police stations and forensic labs to ensure they strictly follow the guidelines.
Strict Adherence => All stakeholders – from the investigating officer at the crime scene to the judge in the courtroom – must understand and strictly adhere to these guidelines.
Passage of DNA Bill => Finalizing and implementing the DNA Technology (Use and Application) Regulation Bill is crucial for a comprehensive legal framework.
DNA evidence links individuals to crimes, which makes it a powerful tool. However, its trustworthiness depends on strict, uniform procedures for collection, preservation, and analysis. The Supreme Court's recent guidelines aim to standardize these processes nationwide, to promote fairness and truth in the criminal justice system.
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Source: INDIAN EXPRESS
PRACTICE QUESTION Q. Critically analyze the significance of the Supreme Court's recent guidelines on DNA evidence management in ensuring a fair criminal justice system in India. (250 words) |
DNA sampling helps connect suspects to biological evidence found at crime scenes, such as blood, semen, saliva, and hair, through genetic matching.
A chain of custody log documents every phase of handling and transfer of evidence, ensuring its integrity and verifiability.
While existing protocols may exist, the SC noted the absence of a uniform procedure, and these guidelines aim to rectify that, bringing consistency where it was lacking.
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