Conclusiveness of DNA Reports in Indian rape cases: procedural challenges and judicial caution

DNA profiling is considered a scientifically reliable tool for identifying perpetrators and exonerating the innocent. However, its role in Indian rape cases is generally regarded as corroborative rather than conclusive. Judicial scepticism stems from the likelihood of procedural deviations in sample collection, preservation, and handling, along with a preference for traditional evidence such as eyewitness testimony. Inconsistent judicial interpretation, multiplicity of forensic protocols, judicial backlogs, inadequate infrastructure/workforce, and delay tactics compound the problem. Statutory provisions permit DNA sample collection without defining "DNA profile", the use of force in obtaining bodily measurements, and the prolonged retention of DNA data. These factors raise concerns over genetic privacy, human dignity, and informational overreach. The probative value of DNA evidence remains contingent upon the adoption of uniform and binding forensic protocols with embedded legal sanction, effective regulatory oversight, strict adherence to prescribed standards, infrastructure/trained manpower augmentation, and judicial sensitisation to evolving DNA technologies.

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Publication Details

Journal
Indian Journal of Medical Ethics
Published
2025-10-20
DOI
https://doi.org/10.20529/ijme.2025.077
Primary Topic
International Law and Human Rights
Type
article
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article

Conclusiveness of DNA Reports in Indian rape cases: procedural challenges and judicial caution

Shibam Talukdar
Indian Journal of Medical Ethics
International Law and Human Rights
article

Conclusiveness of DNA Reports in Indian rape cases: procedural challenges and judicial caution

Shibam Talukdar
article en

Abstract

DNA profiling is considered a scientifically reliable tool for identifying perpetrators and exonerating the innocent. However, its role in Indian rape cases is generally regarded as corroborative rather than conclusive. Judicial scepticism stems from the likelihood of procedural deviations in sample collection, preservation, and handling, along with a preference for traditional evidence such as eyewitness testimony. Inconsistent judicial interpretation, multiplicity of forensic protocols, judicial backlogs, inadequate infrastructure/workforce, and delay tactics compound the problem. Statutory provisions permit DNA sample collection without defining "DNA profile", the use of force in obtaining bodily measurements, and the prolonged retention of DNA data. These factors raise concerns over genetic privacy, human dignity, and informational overreach. The probative value of DNA evidence remains contingent upon the adoption of uniform and binding forensic protocols with embedded legal sanction, effective regulatory oversight, strict adherence to prescribed standards, infrastructure/trained manpower augmentation, and judicial sensitisation to evolving DNA technologies.

Indian Journal of Medical EthicsVol. 11(1)
Gujarat National Law University (IN)
Openalex Percentile: Top 65%
International Law and Human Rights
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