PROPOSAL FOR Ph.

D COURSE WORK

TENTATIVE TOPIC
UTILITY OF FORENSIC SCIENCE WITH SPECIAL REFRENCE TO DNA
BASED TECHNOLOGY IN CRIMINAL JUSTICE
ADMINISTRATION VIS a VIS HUMAN RIGHTS AND
FUNDAMENTAL RIGHTS VIOALTION

SUBMITTED BY
ANURAG
B.A.LL.B (Hons.), LL.M.
Dr. Ram Manohar Lohiya National Law University, Lucknow
 A. Specification of broad field of the study

It is beyond doubt that modern scientific and technological revolution can be utilized as an
effective instrument in detection of crime to increase control on crime for making a society
better and safe. But at the same time we cannot deny the fact that the new technologies
cannot be practiced or implemented in any legal system without infringing some basic human
rights of an accused for example, right against self-incrimination and right to privacy etc.

DNA analysis was first proposed in 1985 by the English scientist Alec J. Jeffrey’s. By the
late 1980s, it was being performed by law enforcement agencies, including the Federal
Bureau of Investigation (FBI), and by commercial laboratories.

The effects of modern scientific and technological revolution on various aspects of our social
and cultural activities are enormous. Today, the most significant question is how far the present
value system of justice needs to be altered, or changed or amended for the purpose of
capitalizing the benefits of modern scientific discoveries and technological developments.
Ensuing proposal shall try to find out the answer to the above query from the point of view of the
prospect and problem of the application of …….(DNA) technology in administration of justice.

The new modern technologies used to detect the crimes are widely applied in various developed
countries such as, USA, UK, and France etc. This work …. Will try to find out the reactions and
the response of criminal administration agencies, of these various developed countries and how
India should deal with the problems which creating hurdles in implementing new technologies.
Forensic science, as a scientific discipline, functioning within the parameters of the legal system
not only provides guidance in criminal and civil investigation but also supplies the courts
accurate information about all the attending features of identification of criminals. Actually, the
recent advancement in modern biological research has revolutionized forensic science resulting
in a radical impact on the administration of justice. DNA technology, as a latest tool of forensic
science, is the by-product of modern genetic science. The said science established the belief that
the pattern of chemical signals i.e. the genetic structure which may be discovered with the DNA
molecule in the cells of each individual, is unique and different in every individual. As such, the
chemical structure of the DNA in the cells of each individual is the sole determining factor to
identify one separately from another except the genetically identical twins. The discovery of
modern genetic science can be used in identification of criminals in criminal cases by analysing
various objects recovered on the crime spot like any body fluid, hair root, saliva, fibers etc.
which are associated with the crime and accurately linked to the perpetrator of the crime.
Actually, this technology is utilised as a new form of circumstantial evidence, which is placed on
a higher footing than the direct and ocular evidence because of its objectivity, scientific
accuracy, infallibility and impartial character.

In the year 1986, Dr Alec Jeffreys of the University of Leicester, England, for the first time, used
this technology to assist the investigating agency identifying a suspect in a case of rape and
homicide. This incident paved the way for the development and application of DNA technology
in the United States. But initially before the pronouncement of Daubert case (1993) 1 the US
Supreme Court strictly adhered to a very conservative view formulated in Frye case (1929) 2
regarding acceptability of scientific evidence. As this technology, in its initial stage, was used
only in few laboratories, US courts did not accept it as admissible evidence under the said Frye
rule. It directed the courts to determine whether the scientific evidence in question has gained
general acceptance in the particular field in which it belongs.

Scientific evidence can be problematic for courts: the subject matter is often complex, the
experts can be biased and the judge and juries may be unsure of how to interpret the evidence
once it has been presented in court.3 At an even more fundamental level, miscarriage of justice
will arise if the science underlying the expert evidence presented in Court is not sound.
Interpretation of forensic evidence often has to be performed within a framework appropriate for
both scientific analysis and presentation in court.4 Forensic DNA analysts often testify to their
findings using statistical probabilities rather than statements of certainty which can turn out to be
arbitrary and unsupported.5 The field of DNA analysis still requires a great deal of analysis as the

1
Daubert v. Merrell Dow Pharmaceuticals Inc., 113 S Ct 2786 (1993)
2
Frye v. United States, 293 F 1013 (DC Cir 1923)
3
John Danaher, ‘Blind expertise and the problem of scientific evidence’, The International Journal of Evidence and
Proof, E. & P. 2011, 15(3), at 207.
4
Andrei Semikhodskii, ‘Dealing with DNA Evidence: a Legal Guide’ (Routledge-Cavendish; 1 edition (25 Jan
2007) at 51.
5
Michael J. Saks & Jonathan J. Koehler, The Coming Paradigm Shift in Forensic Identification Science, 309 Science
892, 893 (2005).
apparent certainty of this powerful investigative tool can be deceptive and this can lead to it
being misused and misapplied.6

In 2005 section 53A of the CrPC was amended to authorize investigating officers to
collect DNA samples with the help of a registered medical practitioner, but the Indian Evidence
Act fairs to manage science and technology issues effectively. 7 The current states of statutes for
DNA collection in India are not sufficient as the neglect to lay out precise procedures for
collection, processing, storage, and dissemination of DNA samples. One question to consider
though is if the Prisoners Identification Bill, CrPC, and Indian Evidence Act could be amended
to incorporate DNA, and the needed safeguards, as a type of forensic evidence for all of India.

B. Importance and rationale of the study

DNA based technology tell us as to how new and improved forensic investigation techniques
will make the crime investigation much easy than earlier and this became possible by the
analysis of biological material which is found at place of occurrence. DNA technology, in
comparison to blood grouping tests, has made it easy, reliable and accurate to give decisions
in paternity disputes too. Development of this technique is the most significant discovery of
20th century and now it is proved a great boon for Criminal Justice System. The forensic
science is the need of the present day and with the modern techniques the identification of
accused and solving of a crime became very easy and conclusive. DNA testing technique has
given very effective methods of solving complex crimes, such as murder, rape, sexual
assaults, burglary and disputes relating to paternity and maternity.

Issues regarding privacy from “Art. 12 of The Universal Declaration of Human Rights, Art.
17 of the International Covenant on Civil and Political Rights (ICCPR, 1966) and Article 8 of
the European Convention on Human Rights (1950)” come into conflict with DNA based
technology. Constitution of India does not but hon’ble supreme court in JUSTICE K S
PUTTASWAMY (RETD.), AND ANR. V UNION OF INDIA AND OTHRS provide
explicitly for ‘right to privacy; as a fundamental right under Art. 21 The issue of

6
Submitted to Glasgow Caledonian University
7
JyotirmoyAdhikary, DNA Technology in Administration of Justice. Lexis Nexis 2007 p. 259.
 admissibility of forensic science is crucial. While presenting the DNA evidence there should
be balance between basic rights of the suspect as against the interest of the State. This is the
main reason to support the conformity required by law leading to accurate collection of DNA
samples. The power is in the hands of judiciary to consider or not to consider DNA evidence
after weighing the prejudices against probative values.

In BASHESHWAR NATH v CIT it was held that a person cannot wavie his fundamental
right .In SMT SELVI V STATE OF KARNATAKA while interpreting article 20 (3) of
constitution the supreme held that accussed,witnesses or any one cannot be subjected to such
test like DNA Sample ,lie detector test ,brain mapping etc but if one consents that can be
carried on that person but in K.S PUTTASWAMY CASE 9 judge bench of Supreme court
unanimously held that right to privacy is fundamental right under article 21 of the
constitution of india and hence any subjection to such test even with the consent of the
acused would tantamount infringement of privacy and wavier of fundamental right .Such an
important question has been left unanswered both in selvi and k s puttasawamy case

Available Literature

Bami, H.L, “Development and Application of Forensic Science in Criminal Justice in

India”, Cri.L.J.9 (1984).

In this research paper author has explained the concept of forensic science is not a new one in
India , though it‘s the application was not known by our Indian the use of fingerprint which was
also known as ‗Trija‖ by the illiterates was induced centuries ago as it was known at that time as
well that the same are inimitable. ancestors in the present scientific form but its detailed
reference can been seen from our literature written 2300 years ago like the
Kautilya’sArthashastra. This being said this Article talks about not only the development of the
Forensic Science in India but also talks in detail about the changes which has been brought about
which have been explained with the help of case laws.
The Role of DNA in Criminal Investigation – Admissibility in Indian Legal System and
Future Perspectives

DNA profiling is a technique by which an individual can be identified at molecular level. The
use of DNA evidence in criminal investigation has grown in recent years. DNA testing has
helped low enforcement identify criminals and solve difficult crime such as rape, murder and
murder with rape etc. The potential of DNA typing has made possible the resolution of
immigration problems and complicated paternity testing when the father is not available. Rapid
identification of individuals in mass-disaster (man- made such asexplosions) using DNA typing
has also been possible .computerized DNA database for the identification of criminal offenders
have been created in some countries. DNA is a powerful investigative tool because, with the
exception of identical twins, no two people have the same DNA. In other words, the sequence or
order of the DNA building blocks is different in particular region of the cell, making each
person’s DNA unique. No doubt, DNA has great importance in criminal investigation cases such
as-murder, rape, disputed paternity, man-made disaster etc., still there is no specific provisions
under Indian Evidence Act-1872 and Code of Criminal Procedure -1973 to manage forensic
science issues. This paper examines the science of DNA identification and its use during
criminal investigations and in criminal proceedings, including criminal trials, appeals and
postconviction proceedings. It describes the main benefits and costs of the increasing role of
DNA identification in the criminal justice sys

Oden, S. and Holsten, Von.“Detention of Fingerprints by the Ninhydrin Reaction”, Nature,

449 (1954).

IN connexion with some recent legal proceedings, a new method for detecting fingerprints has
been discovered by one of us (S.O.). The method involves the well-known ninhydrin test for
amino-acids, often used in chromatography. In this method, fingerprints on paper have always
been considered a great nuisance, and one is often recommended to use forceps “to avoid
fingerprints”1 . In our opinion, the new method will be most suitable for detecting fingerprints
on paper and similar materials. Some of the results have a wider interest, and a brief report on the
new application of ninhydrin is therefore presented
Evidentiary Value of Fingerprints : A Critical Assessment Jilu Hannah Eapen*

Science is progressing by leaps and bounds. Over the years technological advancements have
entered in all walks of life. The classical methods of investigations are replaced by novel
techniques that are quick, sensitive and more accurate. Criminals are utilizing the technological
advancements for commission of crimes. The situation now demands that participants to the
criminal justice system be posted with the recent advancements in science and their application
in their search for truth. Every individual has got unique and distinct characteristics. There are
even structural differences in each and every part of human body. The concept of personal
identity is based on this peculiar feature. Fingerprints are commonly used tools to understand the
individuality of a person so as to reveal his or her identity. Usually, no crime can be committed
without the aid and assistance of the hands, the prime body part of the person. While committing
a crime, the culprit may come into direct contact with the things present in the scene of crime.
This leaves the finger impressions there that help prove the identity of the culprit.

The Detection and Enhancement of Latent Fingerprints Dr Chris Lennard

Despite advances made in areas such as DNA profiling, fingerprints are still considered to be the
best form of personal identification for criminal investigation purposes. Fingerprint detection has
improved significantly over the last 20 years due to concerted efforts by a number of research
groups around the world. The purpose of this presentation is to give an overview of the current
techniques available to law enforcement agencies for the routine detection and enhancement of
latent fingermarks on different surfaces.
THE ROLE OF DNA PROFILING IN CRIMINAL INVESTIGATION Henry Roberts Jane
Taupin and Tony Raymond

DNA profiling has attracted a good deal of public attention in the last eight years. The practical
application of DNA technology to the identification of biological material has had a significant
impact on forensic biology, because it enables much stronger conclusions of identity or non-
identity to be made. Legislation regulating the taking of blood samples from suspects has been
enacted in Victoria (Crimes (Blood Samples) Act 1989; Crimes Legislation (Miscellaneous
Amendments) Act 1991), and further amendments are proposed. Databases of DNA profiles are
being compiled as an aid to criminal intelligence. Faced with powerful incriminating evidence,
defendants are often persuaded to change their plea or else mount a legal challenge to the
admissibility of DNA profiling. This paper will firstly outline the procedures used in DNA
profiling, without dwelling too much on the technical details. The basis of the technology can be
described simply, and is not in dispute (see, for example, the decisions in People v. Castro, 545
N.Y.S. 2d, Supreme Court of New York, Bronx, 1989; R v. Lucas (1992) 2 V.R. 109). This will
enable us to focus more clearly on the real issues in DNA profiling

OVERVIEW OF VARIOUS DNA PROFILING TECHNIQUES USED IN FORENSICS

SHIWALI SHARMA, AND VIDYA TALE* Int J Pharm Bio Sci 2016 July ; 7(3): (B) 1186
– 1192

DNA fingerprinting, one of the great discoveries of the late 20th century, has revolutionized
forensic investigations. The DNA molecule became the most powerful single tool in the
multifaceted fight against crime. DNA analysis led to the exoneration of suspects and
identification of victims of crimes, accidents and disasters. The review gives an outline of
different and recent technologies in the field of forensic genetics, their evolution and emerging
trends. Techniques like RFLP, PCR, STR, SNPs, MALDI-TOF MS have been explained,
throwing a light in the field of human identification and population genetics. The collection and
storage of the fingerprint profiles and DNA samples in the field of forensic science for
nonviolent crimes is highly controversial. The legal, ethical and social issues surrounding the
proliferation of DNA collection and storage are explored. A brief discussion on different
technologies, overview of their applications, their merits and demerits, National and International
scenario have been presented.

FORENSIC DNA PROFILING AND DATABASE S. Panneerchelvam and M.N. Norazmi

The incredible power of DNA technology as an identification tool had brought a tremendous
change in crimnaljustice . DNA data base is an information resource for the forensic DNA typing
community with details on commonly used short tandem repeat (STR) DNA markers. This
article discusses the essential steps in compilation of COmbined DNA Index System (CODIS) on
validated polymerase chain amplified STRs and their use in crime detection.

BOOKS

Pillai, Chandrashekhran, K.N., R.V. Kelkar ‘s Criminal Procedure Eastern Book Company
Lucknow (2001)

The elaborate process of admissibility has been taken from this book.

RaoJoga, S.V., Sir John Woodroof& Syed Amir Ali’s Law of EvidenceButterworths Group
of Company New Delhi (2001)

This book tells how DNA technology (DNA profiling) is new and improved forensic
investigation techniques will make the crime investigation much easy than earlier and this
became possible by the analysis of biological material which is found at place of
occurrence. DNA technology, in comparison to blood grouping tests, has made it easy,
reliable and accurate to give decisions in paternity disputes too. Development of this
technique is the most significant discovery of 20th century and now it is proved a great
boon for Criminal Justice System. The forensic science is the need of the present day and
with the modern techniques the identification of accused and solving of a crime became
very easy and conclusive
Seervai, H.M, Constitutional Law of India N.M. Tripathi Pvt. Ltd. Bombay (1993).

This book on constitution has helped me in connecting the admissibility part with its
constitutionality of procedure.

Sarkar, Sudipto&Manohar V.N., Sarkar on EvidenceWadhwa& Company Nagpur (1999).

This book elaborately deals with the admissibility of the certain subject matter like evidentiary
value of forensic science, DNA fingerprinting ,biometricsetc .This book has also been of
help in taking out latest case laws on subject matter .

Singh, Deepa, Human Rights and Police Predicament Bright Law House Delhi (2002).

This book discusses Issues regarding privacy from Art. 12 of The Universal Declaration
of Human Rights, Art. 17 of the International Covenant on Civil and Political Rights (ICCPR,
1966) and Article 8 of the European Convention on Human Rights (1950) come into conflict
with DNA Forensics. It also throws light how Constitution of India does not provide explicitly
for ‘right to privacy; as a fundamental right or there expresses provision in any other statute but
has been inferred from Art. 21 as well as Art. 19 of the Indian Constitution

Method and Scope of the Study

The present research work will be carried out by the researcher in an organized and systematic
investigation by employing the methodology of doctrinal research. Precisely the study will be
based upon the vast number of related research and text books, journal, reports, case-laws,
articles, websites and other relevant materials which would be collected by the researcher.

It is an open-ended research since various bills introduced with regard to DNA based technology
,human rights documents will be discussed at length.
Justification of the study and interface with the discipline of Law

Discovery of DNA is considered as one of the most significant biological discoveries during
the 20th century owing to its tremendous impact on science and medicine. Of late, it is acting
as a very useful tool of forensic science that not only provides guidance in criminal
investigation and civil disputes, but also supplies the courts with accurate information about
all the relevant features of identification of criminals

In india there is absence of legislation on the point of DNA based technology and there has
been an half hearted attempt of the parliament as a result of which as many 3 bills have
lapsed and the judicial decisions are the only guide in that regard and also the privacy issues
which have raised after the “right to privacy” has been made fundamental right and hence the
present study is to highlight and address the various issue as a result of absence of any
codified law and recommend the way out for drafting the comprehensive DNA legislation.