12-August-2024-Special-Article

DNA PROFILING IN LEGAL CONTEXT

DNA profiling, or DNA fingerprinting, plays a crucial role in forensic science by identifying individuals based on their unique genetic makeup.

However, recent legal developments, including a Madras High Court decision in July 2024, have reignited debates about the reliability of DNA evidence in criminal cases.

About DNA Profiling

DNA Profiling:

• Also known as DNA fingerprinting, this technique identifies individuals by analyzing specific regions of their DNA.
• Although human DNA is 99.9% identical across individuals, the remaining 0.1% includes unique sequences, such as Short Tandem Repeats (STRs), crucial for forensic analysis.

DNA Structure:

• DNA (Deoxyribonucleic Acid) is the genetic material present in the nucleus of eukaryotic cells (animals and plants) and the cytoplasm of prokaryotic cells (bacteria).
• It is organized into 23 pairs of chromosomes, inherited from both parents, and consists of sequences of four nucleotides: Adenine (A), Guanine (G), Thymine (T), and Cytosine (C).

Sample Extraction:

• DNA can be extracted from biological materials such as blood, saliva, and semen.
• However, touch DNA, which comes from physical contact, is often in low quantities and may be challenging to profile due to contamination risks.

Profiling Process:

• Isolation: Extracting DNA from samples.
• Purification & Quantitation: Removing contaminants and measuring DNA concentration.
• Amplification: Replicating specific genetic markers to create sufficient DNA for analysis.
• Visualization & Genotyping: Identifying DNA sequences.
• Statistical Analysis: Comparing DNA profiles and determining the probability of a match.

Special Cases: MiniSTRs and mitochondrial DNA (mtDNA) are used when dealing with degraded samples or tracing maternal lineage.

DNA Profiling in Legal Proceedings

Matching Process: DNA profiles from evidence are compared with reference samples. Possible outcomes include:

• Match: The profiles are identical, indicating a potential common source.
• Exclusion: The profiles differ, suggesting different sources.
• Inconclusive: The data does not provide a clear result.

Statistical Support: A DNA match does not definitively prove identity. Experts provide a “random occurrence ratio,” which estimates how frequently a similar profile might appear in the population, but this may not be enough to establish guilt beyond a reasonable doubt.

Legal Framework in India

Indian Constitution:

• Article 20(3): Protects individuals from being compelled to testify against themselves, safeguarding against self-incrimination.
• Article 21: Guarantees the right to life and personal liberty, prohibiting unauthorized interference.

Code of Criminal Procedure, 1973 (CrPC):

• Section 53: Authorizes DNA profiling of suspects.
• Section 53A: Allows DNA profiling for rape suspects.

Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023: Replaces the CrPC of 1973.

Indian Evidence Act, 1872: Sections 45-51 deal with the admissibility of expert testimony, including DNA evidence.

Judicial Precedents

• Pattu Rajan v. State of T.N. (2019): Emphasized that while DNA evidence is accurate, it is not infallible and should be considered with other evidence.
• Sharda vs. Dharmpal (2003): Upheld the authority of courts to mandate medical examinations, including DNA profiling, without violating Article 21.
• Das @ Anu v. State of Kerala (2022): Confirmed that the right against self-incrimination applies to testimonial evidence, not to DNA sample collection.

Law Commission Recommendations

• 271st Report (2017): Proposed comprehensive legislation for DNA profiling to prevent misuse and ensure legal use. Led to the DNA Technology (Use and Application) Regulation Bill, 2019.

Challenges and Limitations

• Environmental and Sample Degradation: DNA can degrade due to environmental factors, leading to incomplete results. Techniques like miniSTRs and mtDNA analysis can be used but have limitations.
• Complexity and Reliability: The profiling process is intricate and susceptible to errors from contamination, improper handling, or delays.
• Cost: DNA analysis can be expensive, affecting its accessibility.
• Legal Interpretation: DNA evidence, while powerful, must be corroborated with other evidence to ensure a fair verdict. Courts must avoid over-reliance on DNA alone.

Way Forward

• Accuracy and Reliability: Invest in research to enhance DNA profiling techniques and address issues related to sample degradation. Standardize procedures and improve quality control in forensic labs.
• Fair Legal Practices: Develop guidelines for the admissibility and weight of DNA evidence in court. Emphasize the importance of corroborating evidence in convictions.
• DNA Technology Bill: Revisit and revise the DNA Technology Bill, 2019, to address privacy concerns and ensure robust regulatory safeguards.
• Transparency: Ensure transparency in DNA evidence collection, analysis, and court presentation to maintain public trust.

Mains question:

1. Discuss the limitations and legal implications of DNA profiling in criminal justice, citing recent judicial decisions and proposed regulatory measures. (150 WORDS).