Supreme Court Directions on DNA Evidence (2025)
Objective: Ensure uniformity, sensitivity, and sanctity of DNA evidence in criminal trials.
Key Directives
| Aspect | Direction |
|---|---|
| Collection | - Mandatory documentation: Case details, police station, legal statute |
| Transport | Samples to reach lab within 48 hours of collection |
| Chain of Custody | Maintain a register tracking evidence movement from collection to case disposal |
| Storage | Secure preservation protocols to prevent contamination/degradation |
Issues in DNA Evidence Management
- Procedural Gaps
- Poor training of investigators
- Chain-of-custody breakdowns
- Infrastructure Deficits
- Acute shortage of DNA labs (Only 8 FSLs with DNA facilities in 2024)
- Regional disparity (e.g., NE states lack labs)
- Delays due to understaffing (Avg. 6-12 months for reports)
- Legal Fragmentation
- Police & public order are State subjects (7th Schedule, List II) → No uniform SOPs
Admissibility of DNA Evidence in Indian Courts
Landmark Judgments
| Case | Ruling |
|---|---|
| Kunhiraman v. Manoj (1991) | First use of DNA in paternity disputes; established scientific validity |
| Sharda v. Dharmpal (2003) | - DNA tests permissible in civil/matrimonial cases - Does NOT violate Art 20(3) (self-incrimination) or Art 21 (personal liberty) |
Statutory Backing
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
- Section 51: Allows DNA profiling during medical examination of accused.
- Criminal Procedure (Identification) Act, 2022:
- Authorizes NCRB to collect/store biological samples of convicts.