Abstract

DNA fingerprinting is almost an infallible technique in identifying individuals which has the potential to revolutionize the Indian criminal justice system. However, neither the Indian Evidence Act nor the Code of Criminal Procedure specifically mentions the DNA test, making it difficult for law enforcement agencies to rely on DNA evidence. As a result, crime rates have risen exponentially in recent years, but the crime-solving techniques used by law enforcement agencies remain conventional with little or no aid to forensic science. A lack of knowledge and understanding of the forensic process also leads to the accumulation of cases and the exoneration of criminals. To address this legal lacuna, the parliament has drafted a Bill on The DNA Technology (Use and Application) Regulation Bill, 2019 (hereinafter referred to as "Bill") with the main objective of identifying persons relevant as per the schedule appended to the Bill with the help of DNA profiling and also to substantiate the legal proceedings. The Bill also provides for the establishment of a DNA Database at the national and the regional level and a DNA Regulatory Board that entrusts with the responsibility of supervising DNA Data Banks and DNA Laboratories. The Bill, however, has not yet been passed by the parliament due to several legal concerns. Thus, the researcher decides to undertake the present research to examine the admissibility of DNA evidence on the benchmark of fundamental rights and also to address the shortcomings of the Bill.

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