Evidentiary Value of DNA VIS A VIS CRIMINAL JUSTICE SYSTEM

Forensic science is an important tool for investigation which helps in the criminal justice system. DNA is the blue print of individual which helps in the crime investigation. DNA decides a person's characteristics such as skin color, nails, etc. DNA profiling process involves extracting the DNA from a specimen such as semen, blood or tissue and chemically dividing the DNA into fragments. DNA profiling helps to identify the victim and accused and to establish the missing link between crime, criminal and the victim. In different countries there is specific legislation relating to admissibility of DNA evidence but in India there is no specific legislation dealing with admissibility of DNA evidence. In the Constitution of India Article 20(3) and Article 21 also imposes limitation regarding admissibility of DNA evidence. In many judicial decisions DNA evidence has been given a value but it always needs to be corroborated with the other circumstantial evidence. Hence in absence of proper legislation and guideline responsibility lies on the judiciary regarding admissibility of DNA evidence.