The Expanding Contours of DNA Testing: A Critical Analysis of Evolving Jurisprudence
Abstract
Law is a dynamic concept. With the advancement of science and technology, the relevance of scientific evidence has also multiplied leaps and bounds. Presumption based on abstract principles of morality, human behavior, public policy, ordinary course of nature etc. can never have an upper hand over the scientific evidence accepted by the global society. In order to uphold the validity and authenticity of scientific evidence and to bring it out of the domain of right to privacy and right against self-incrimination under Article 21 and 20(3) of Indian Constitution respectively, Parliament enacted the Criminal Procedure (Identification) Act, 2022. Conventional legislations like Indian Penal Code, 1860, Criminal Procedure Code, 1873, Indian Evidence Act, 1872 etc, often came in conflict with modular scientific evidence. At the time when such laws were enacted, the Legislature could not even imagine that something called DNA Testing could ever come into existence and become fundamental for identification of individuality. In contrast, the Criminal Procedure (Identification) Act, 2022 was designed to accommodate modern forensic techniques and now operates alongside the newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC, 1973. With this background in mind, researchers have made a sincere effort to culminate the different contours of DNA testing, conflict between scientific evidence and presumptions of conventional law.