Evidentiary Value of DNA & Critical Analysis of DNA Technology (Use & Application) Regulation Bill, 2018

  • Siddharth Saxena
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  • Siddharth Saxena

    Practising Advocate at Honb'le High Court of Madhya Pradesh. Alumni of National Law University, Jodhpur, India.

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Any living organism's DNA, also known as Deoxyribonucleic Acid, is one of the most fundamental building components of the body. Molecular blueprints called DNA can be found in many kinds of organisms that we come into contact with on a daily basis. Genes are encoded in DNA, which is found in all cells regardless of type, species, or genus. To put it another way, it serves as a blueprint for the organism's growth and development. All individuals save identical twins can be uniquely recognised by the analysis of their DNA.As one illustration of how far technology has transformed the scenario of delivering justice in today's criminal justice landscape, we can look to the usage of DNA evidence. As a result, the recent years have seen a lot of attention paid to DNA because of its ability to distinguish between individuals and give justice so that the innocent is not convicted but is exonerated. There isn't any specific legislation governing the use of DNA technology in criminal investigations, thus different legislative provisions examine and enact diverse perspectives and methods on the use of DNA technology in criminal investigations and its evidentiary value in a court of law during a free and fair trial. Because of the DNA's outstanding effectiveness as a kind of evidence, which has been recognised by myriad of Indian judicial decisions, in 2018, the DNA Regulation Bill, 2018 was presented to the Lok Sabha. It governed the use of DNA for identification and other purposes in civil and criminal cases. However, the Bill has not yet been enacted by the legislature. Through this research paper, Author's objective is to demonstrate the importance of DNA evidence in the Indian legal system. In addition, the author shall evaluate the DNA Regulation Bill, 2018's drawbacks and advantages.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 167 - 183

DOI: https://doij.org/10.10000/IJLMH.113334

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