PROJECT SUBMISSION

FORENSIC SCIENCE

Forensic Relevance of DNA Evaluation

Submitted By

Adithya Ramani

Group B

PRN- 15010224062

BATCH- 2015-2020

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE

Under the guidance of

Prof. Megha Chauhan

Symbiosis law school, NOIDA

 CERTIFICATE

The Project entitled “ Forensic Relevance of DNA Evaluation” submitted to

the Symbiosis Law School, NOIDA for Forensic Science as part of internal
assessment is based on my original work carried out under the guidance
of Prof. Megha Chauhan from July 2019 to September 2019 . The
research work has not been submitted elsewhere for award of any
degree. The material borrowed from other sources and incorporated in the
thesis has been duly acknowledged. I understand that I myself could be
held responsible and accountable for plagiarism, if any, detected later on.

Signature of the candidate:

Date: 12.09.2019
 ACKNOWLEDGMENT

I feel beholden to express our profound sense of gratitude to all those

who have extended their valuable help and support in completing the
present work. It is both our pleasure and bound duty to acknowledge,
supervisor from whom we gained so much. I owe greatest debt and
gratitude to my parents who always supports me. Then to my professor
who guide me without whom I would not have been able to complete. In
spite of their pre-occupation, they provided us uninterrupted guidance,
help, support and encouragement, whenever we approached them for the
same.

We from the bottom of my heart express my thanks to them.

 INDEX

S.NO. TOPIC

1. Introduction

2. Literature reviews

3. Objectives

4. Findings

5. References
 INTRODUCTION
Forensic science is not something new to India, it was known back then
also by the Indians when they used Fingerprint for identification also
called “Trija” by the uneducated people it was used by them long back
centuries ago. Its reference can be taken from kautilya’s arthashastra, it
was literature written 2300 years back.

The creation of DNA analysis within the criminal justice system in the
mid-1980s transformed the field of forensic science. With this continuous
improvement of DNA analysing methods in criminal labs, minute amounts
of blood, semen, saliva, skin cells or some other biological materials shall
be used to develop investigation methods, linking the victims with a crime
scene, confirming or disapproving that a crime took place. As DNA
analysis is considered to be accurate and is very dependable, evidence is
become an essential tool for the individuals that are wrongfully held liable
for a crime they might have bot done.
In analyzing the DNA for investigating a crime scene, highly urbane
apparatus is used that is scientific, then a DNA molecule should be
disassembled from the suspect. Further the selected segments shall be
taken apart and measured. Then the DNA profile of the suspect shall be
compared with the sample of the physical evidence found at the crime
scene to check if they both match.
Now if they do not match the supect shall be eliminated from the
investigation. If a match occurs then further investigation is taken place
on him, a statistical data is prepared.
DNA Profiling and Indian Legal System

DNA Evidence shall only become admissible before the court if those
evidences are precise and exactly collected, preserved properly and is
able to satisfy the court that the evidence provided before the court are
reliable and true.
No particular enactment or law is found in India that provides certain
rules and guidelines to the court or examining organisations or the
strategies to be used in the cases of analysing the DNA. There is t, such
provision found in the Indian evidence Act, 1872 also. Nor found in the
Code of criminal procedure, 1973 that manages the science or technology
or the issues relating to the forensic science.

Due to lack of any of the provisions, many problems have to be dealt with
by the investigating officer in collecting the evidences, which is a
contemporary mechanism for proving an accused guilty.

Section 53 of Code of Criminal Procedure 1973 states that a police officer

can get the assistance of a medical practitioner in good faith for the
purpose of the investigation. But, it doesn’t enable a complainant to
collect blood, semen etc for bringing the criminal charges against the
accused.

After the amendment of the Cr.P.C (Amendment) Act, 2005 two new
sections have come up that gives authorisation to the investigating officer
in collecting the sample of DNA from the body of the person accused or
the victim with the assistance from a medical practioner.

The people accused of the crimes such as rape shall be examined under
this section with the assistance of the medical practioner and the victim
who is raped shall also be examined. But while admission of these
evidences has been questioned and remained doubtful as per the opinion
of Various High courts and the Supreme Court of India in many decisions.

Generally the judges do not deny the scientific precision and the decision
or evidence found through DNA testing but in a few cases they deny to
admit such kind of evidences because of the constitutional and legal
prohibition, also it is considered against the public policy.

There is an imperative need to re-examine these sections and laws as

there is no rule present in the Indian Evidence Act, 1872 and Code of
Criminal Procedure, 1973 to cope science and technology issues.
Many developed nations have been compelled to change their enactment
after the institution of the DNA testing in their legal framework

Role of Forensic in DNA Analysis

The correct identification of criminals and other individuals has always

been one of the most important problems in criminal and civil
investigations. The best and certain method had been the identification
through fingerprinting. A more potent and more versatile mode has come
up for the purpose. It is DNA profiling

There are two types of DNA used in the identification. One is Nuclear DNA
that is the profile is compared with the profile obtained if from known
body cells if available or from body cells of his close relatives or blood
relations. Any bio-material from the body containing cells can be used for
identification of an individual through this mode. Mitochondrial DNA from
hair and bone, where nuclear DNA is not available can be used for
identification.

The DNA profiling is superior way of identification in many respects:-

 It permits the identification of the individual not only from the

comparison of his own body materials containing body cells per se,
but the identification of his body materials but identification can
take place through blood relations: parents, sons, daughters,
brothers, sisters and others.

 The identification is possible from a variety of clue materials, which

are available in different types of crimes: blood, semen, hair roots,
body tissues, bones etc. They can be linked to the source from
which they emanated.
In Naina Sahni’s Tandoor Murder case1, the body after the murder
was being burnt in an oven-Tandoor. When people suspected foul

1
State vs. Sushil Sharma, 2007 CriLJ 4008
 play and stopped the burning, a badly burnt body was taken out.
The body was too much charred to permit its use for DNA test. Bone
marrows was used to identify the victim.

 In cases of mutilated non-identified bodies, the identity of the

deceased can be established by comparing DNA profile with those
from suspects’ parents, brothers, sisters, sons or daughters.

 The quantities of DNA required for analysis are extremely small.

 An important advantage of DNA profiling is that the contamination

of the evidentiary values similar biomaterial does not prevent the
identification.
In the murder case of Chief Minister of Punjab 2, human bomb was
used. The person carrying was shattered. The identity of the person
was used through DNA profiling.

 DNA profiling has been successfully in the identification of skeletal

remains.

 Old cases of disputed paternity, which often come up for inheritance

can be decided correctly through DNA profiling.

 In pedophilia cases, the proof against the criminal through DNA

profile of semen, saliva provides certain proof.

 In robbery and Burglary case, the culprit is likely to leave body

materials which in turn provide DNA profiles on the culprit.
2
B.R.Sharma.(2016).Forensic Science in criminal investigation and trials. Universal law publishing
house.1292-1295
  DNA profiles helps to link crimes like rapes and murders if they are
the work of “serial rapists or murders”. The linkage provides more
data about the criminal and his modus operandi and ultimately
leads to the culprit.

 In immigration disputes sometimes illegal attempts is made to

induct persons of non-permitted relationship by declaring falsely
that they are the permitted relatives.

LITERATURE REVIEWS

1. Use of DNA Technology in forensic dentistry3

This literature review is mainly focused on the forensic dentistry for
identifying people, when there is other source of identifying. The dentists
that are into this forensic investigations are getting quite familiar to the
new techniques. Till 1980’s the identification in the criminal cases was
completely through analysing the protein polymorphism, genetic markers
and bood groups. In the beginning of the 20 th century, forensic examining
of biological was done by blood group systems like ABO for criminal cases
in identifying humans. In 1920, such kind of identification by testing the
blood groups got legal values in the courts of Germany, In 1935 got legal
value in United States. Such kind of forensic examination tests have been
completely replaced in most of the places and are rarely used these days.

Jeffreys at al. in 1985 published a study that another essential phase of

forensic science began in identifying the humans, he invested radioactive
molecular probes that had the feature of recognising the sensitive areas
of a DNA that produced “Fingerprint” DNA. As the years have passed this
technique was majorly used to identify the murderer and the rapist.

3
Journal of applied oral science Ricardo Henrique Alves da Silva; Arsenio Sales-Peres; Rogério Nogueira de
Oliveira; Fernando Toledo de Oliveira; Sílvia Helena de Carvalho Sales-Peres
Hence, the forensic examination has evolved. This technique was then
known to be very powerful for solving so many crimes that take place on
day to day basis.

First time, polymorphic locus was found in the Human gene by Wyman
and White in the year 1980. These different 15 sequences were found in
the human gene, spread throughout the human gene. Due to the size of
these loci, these were named as mini satellites or microsatellites

At the initial stage the forensic department used to use these loci as for
testing the paternity or identifying the body. This method has its
drawback too as this takes a very large amount of material but really low
results in terms of quality, many cases remained unsolved as really less
materials could be collected during the criminal investigation.

The scope of these genetics further increased during the introduction of

polymerase chain reaction technique.

More new kind of DNA tools such as Single nucleotide polymorphism,

mitochondrial DNA, are used. In mass disasters for instance, airplace
crashes, train crashes, Tsunamis etc, very low and poor quality of DNA
are found.

In Brazil this DNA testing technique began after year 1990, and was then
also not accepted by few individuals. There is one more drawback that
Such DNA testing requires a lot of money, high costing because of less
number of public institutes for daily examinations of DNA.

2. legal perceptions of forensic DNA profiling4

This literature review focuses on the Criminal Justice system between a

police and the law, Dealing with both together at the same time, as in
such situations both go hand in hand. This Forensic examination involves
those those initiatives that get involved with the legal agencies, law
enforcement. Even after such an association between the two, forming a
4
Forensic science international, Volume 155, Issue 1, 1 December 2005, Simon J. Walsh
new meaningful and understanding communication is a task in the judicial
system.

For instance, there is a lot of literature in relation to the Profiling of

Forensic DNA in criminal and legal periodicals. Such kind of journals are
considered out of the regular understanding of the forensic scientists and
most of the legal discussion is just unnoticed. The literature review
explains the shortcoming faced by summarising the viewpoint of a
forensic scientist, discussions of the literature related to law, the literature
review focuses on the discussions that are of the ethical concerns. The
awareness of the views of forensic scientists are very essential for the
forensic science. This helps in placing DNA evidence accurately in the
context which develops its role for achieving the objectives in the criminal
justice system.

3. The influence of forensic evidence on the case outcomes of

assault and robbery incidents5

This literature review by Baskin and Sommers found the forensic evidence
on the cases such as of assault and theft. The study by them mentioned
the planned forensic examination of the cases that are registered from
the time of reporting it to the police to the final conclusive result. The
study showed that the forensic examination was done and evidence were
gathered in the 33% cases of assault and robbery. Proofs collected that
are backed by law only, give lesser impact if compared with the forensic
evidences, and are not much reliable in the present times.

4. Forensic Science: A Boon to Criminal Justice6

This literature review by Handoo throws light on the administration giving

special reference to the state of Jammu and Kashmir. He explained the
major role of the forensic examination in the criminal justice system of
5
Criminal justice policy review, 14 march, 2011, Deborah Baskin, Ira Sommers
6
JIARM, Vol 1 , Issue 2, March 2013 , ISSN 2320-5083, Peerzada Yasir Latif Handoo
India. According to the literature review the role of the forensic science is
still at a very low stage in the criminal justice system of India even after
so many technological advancements. For the welfare of the society, and
for the public at large the forensic science shall be used at a great level.

Author also throws some lights on the speed at which investigations are
going on as the cases that are pending are more in number. The author in
this literature review has suggested that the forensic scientist shall be
present at the time of the investigation for recovery at a faster rate and
high rate of accuracy with the forensic evidences.

The author has explained correctly the views on the scientific approach
and legal approach and mentioned the problems faced during the
investigation process. Such suggestions are very useful for India as well
as other states too. He also gave advice on amending the provisions of
forensics in Cr.p.c. For justice to all.

5. Forensic evidence and crime scene investigation7

In this literature review of Lee and Paglario on the forensic investigation

and the criminal investigation, this review has thrown light on the relation
between the two criminal investigation and forensic science. The most
important part of the criminal proceedings is the evidence, Thus it should
be dealt properly with. At the beginning of the investigation the police
officers start it and they collect the evidence. Thus such police officers
shall be given good and special trainings with the collection of evidence.
The author talks about different kinds of evidences and different types of
collecting evidences.

7
Journal of forensic investigation, Vol 1 , Issue 2, ISSN: 2330-0396, 13 September 2013, Henry C. Lee, Elaine M.
Pagliaro
While solving the criminal issues, the judges have very less idea about the
forensic evidences, thus the training of the officers is a really essential
thing to do which leads to the a very high quality of justice.

OBJECTIVES

 When the forensic investigation did come into existence in India and
some other countries including Germany, United States etc. How is
it used and in what kind of situations and cases.
 How does forensic science play a major role in the criminal justice
System?
 Importance of evidence in the criminal judicial system.

FINDINGS

In this project of DNA Evidence in criminal trials the evidence plays a vry
major role, because the judges need to back on something to pronounce
a judgment and thus the evidences help in a stronger decision that is
accurate backed by the evidence.

In cases like that of murder, rape identifying the victims become very
difficult, back then identification process were different and simple such
as by blood testing etc. but now in present scenario, new technologies
have come up of forensic science where a person can be identified from
his/her DNA and it is very accurate.

Although there are a little shortcomings as this method is quite expensive

or some countries even after knowing about it do not use this method
completely, some individuals do not accept it.

But for a strong Criminal Judicial system, forensic science, DNA testing
has become very essential and shall be used at a large level.
 CONCLUSION

The above mentioned research reviews show clearly that the evidences
from the forensic science are gaining a lot of importance in the criminal
judicial system also attracting the focus of the law enforcement agency,
jurists from all over the world and prosecutors.

After reading the literature reviews stated above the need to analyse the
forensic science in the criminal Judicial System in Indian context is felt, as
many studies are not focusing on the Indian Context, the studies are
more generalised in terms of many other countries too. The project is
basically the study that analyses the role of the forensic science evidences
at all the stages of the criminal trials and how the evidences are playing a
very major role in that.

This research also focused on the shortcoming faced in using the forensic
science for finding the evidences and the solutions have been mentioned
and how the shortcomings should be eradicated for a better Criminal
Judicial system.

REFERENCES
 State vs. Sushil Sharma, 2007 CriLJ 4008

 B.R. Sharma (2016) Forensic science in criminal investigation and

trials, Universal law Publishing house.
 Ricardo Henrique Alves da Silva; Arsenio Sales-Peres; Rogério
Nogueira de Oliveira; Fernando Toledo de Oliveira; Sílvia Helena de
Carvalho Sales-Peres ,Use of DNA technology in Forensic dentistry,
Journal of applied oral science , retrieved from
http://www.revistas.usp.br/jaos/article/view/3455

 Simon J. Walsh (2005) legal perceptions of forensic DNA profiling ,

Vol. 155 Issue 1, Forensic Science International, retrieved from
www.researchgate.net/publication/7548785_Legal_perceptions_of_
forensic_DNA_profiling_Part_I_A_review_of_the_legal_literature

 Deborah Baskin, Ira Sommers (2011) The influence of forensic

evidence on the case outcomes of assault and robbery incidents,
Criminal justice policy review, retrieved from
https://journals.sagepub.com/doi/abs/10.1177/088740341039557
6?journalCode=cjpa

 Handoo (2013) Forensic Science: A Boon to Criminal Justice, Vol 1

Issue 2, ISSN 2320-5083, JIARM , Retrieved from
http://www.jiarm.com/Mar/march%20paper1822.pdf

 Henry C. Lee, Elaine M. Pagliaro (2013) Forensic evidence and

crime scene investigation, Vol 1 Issue 2, ISSN 2320- 0396, Journal
of forensic investigation, retrieved from
http://www.avensonline.org/fulltextarticles/JFI-2330-0396-01-
0004.html