ARCHIVES
VOL. 5, ISSUE 2 (2023)
Legality of DNA profiling and need for DNA legislation
Authors
Dr. A A Kadeejabi
Abstract
Today, crime is being committed in more
sophisticated methods and in an organized manner. Due to the advancement of
technology, the methods for the commission of crime have undergone a radical
change. For the criminal justice system to be effective in dealing with this
situation, investigations and dealing with crime will have to keep up with the
modus operandi of the criminals. The only way to tackle this problem is to
bring about major changes in the criminal investigation process. Scientific
methods of investigation of crime with the aid of forensic science have been
accepted all over the world. Among the various tools of investigation used by
the investigating agency, DNA is the most powerful tool. DNA PROFILING emerged
as a reliable source of scientific evidence because it has the possibility to
determine whether the biological clues at the crime scene come from the person
suspected of the crime or not. Hence, it is very useful in the investigation of
criminal cases as well as in paternity disputes. Almost
all countries have enacted appropriate laws within the framework of their
constitutions and other legal frameworks for scientific investigation. But in India, in the absence of specific legislation on DNA, it has
posed serious challenges to some legal and fundamental rights of an individual,
such as “Right to privacy” and “Right against Self-incrimination”. In this
article, I would like to focus on what are the constitutional impediments to
scientific investigation and the need for specific legislation on DNA for the
effective administration of the criminal justice system. The proposed DNA bill
in India is also analyzed.
Download
Pages:123-127
How to cite this article:
Dr. A A Kadeejabi "Legality of DNA profiling and need for DNA legislation". International Journal of Law, Policy and Social Review, Vol 5, Issue 2, 2023, Pages 123-127
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.