Dna Profiling: Confirming Convictions With Forensic Applicability

KEY TAKEAWAYS

• DNA Profiling is a technique prominently used in investigation for configuring the the perpetrator or for identification of the body.
• Indian legislature also recognises its importance which is seen by the virtue of The Code Of Criminal Procedure Amendment Act- 2005 in Sections 53 and 53A which gives recognition to DNA Profiling.
• There are further advancements done in the technique which has now not just limited to the estimation of the legitimacy.
• DNA databases comply maintaining two index which is stored in by technology availing its accessibility in any part of the state for investigation.
• The technique is popularly relied on for investigation due to its assistance in covering the wide scope of conclusion derivation methods which resist the tampering of the subjected material extracted.
• DNA Profiling has remarkably assisted in giving closure to numerous cold cases and continues to improve its implications in forensics. 

INTRODUCTION 

Relying on the phrase of Locard’s Exchange Principle, the contact between two things exchanges its components. To understand this in criminal terminology, Locard stated that "It is impossible for a criminal to act, especially considering the intensity of a crime, without leaving traces of this presence." which means that there is a high possibility for the perpetrator to leave a piece of evidence and would also take something with him. It could be anything starting from hair strands, spit, blood and other bodily fluids. These leftovers speak volumes about the crime scene having a significant impact on the case assisting The subjected court to conclude. In order to establish a nexus between the two, DNA Profiling is the procedure which is relied on to. 

WHAT IS DNA PROFILING

Also known as DNA Fingerprinting and  Forensic Genetics, The procedure is used for forming biological identities derived from biological profiles. It can also be used to establish biological identity. A DNA pattern is called a profile which is extracted from a person or a specimen. Every individual is unique and so is his 0.9% DNA Sequence. Not to be too technical, the process is based on analysis of VNTRs (Variable Number Tandem Repeats)  forming unique sequences found in the chromatic material of the cell. The procedure is gaining popularity within the sector, The Courts delivering justice have now given their belief to the forensic approach of DNA profiling for establishing evidence against the perpetrators and relieving the innocent in a court of law. From solving a murder to identifying the corpse, the investigating agencies also work depending upon the reports derived from this method.

FLIPING PAGES FOR PHENOMENAL DISCOVERY 

The technique was pioneered by Knighted  British Geneticist Sir Dr. Alec Jefferys who found inherited variation in the Human DNA. He made this discovery in the year 1984 while experimenting with different DNA specimens. His lab was the first in the world to provide this as a service.

THE FIRST CASE OF CONVICTION - THE SUCCESS OF DNA PROFILING 

After the discovery, the technique was first used in The United Kingdom in the case of R V Pitchfork [ [2009] EWCA CRIM 963]

Interestingly, DNA Profiling turned tables which did not just relieve the falsely accused but also successfully established evidence against the perpetrators. It was later pronounced that the convict in the double murder rape case is Colin Pitchfork. The investigation before this led to a false conviction of a 17-year-old boy which could have served a grave injustice. Pitchfork was caught by the authorities when he was asking for a substitute blood sample from his kin. He was overheard by a collegue when he was bragging about his deception. 

The first’s in Indian jurisprudence: Lalji Singh is known as the father of  DNA Fingerprinting in India. He has given commendable contributions in the techniques of DNA fingerprinting for crime investigations at the Centre for Cellular and Molecular Biology (CCMB) in Hyderabad. 

The first DNA case verdict was involved in determining the paternity of the son Ms.E Viasini in Kerala. The reports were given by The Center Of Cellular and Molecular Biology which were considered admissible under Section 45 of the Indian Evidence Act. 

THE TYPES OF SCENARIOS WHERE THE TECHNIQUE IS USED IN 

• Murder
• Physical Assault
• Sexual Violence including Rape
• Unidentified bodies found including cases in terror attacks/ mass disasters and other accidents
• Legitimacy dispute 
• Identification of missing child 

HOW DOES IT WORK?

Delving into the methodology, the DNA Profile is extracted from the bodily discharge including blood, sweat, tears, hormonal discharge, sperms, and stains and is compared with the sample evidence extracted during the investigation. Such evidence can be found on crime scenes, proven easily. There is a repetitive pattern in the chromosomes of the cell which work out as a genetic material. These differ due to a combination of the DNA inheritance from the maternal and paternal bodies. 

TRACING THE ADVANCEMENT IN THE TECHNIQUE

1. THE RFLP TEST (Restriction Fragmented Length Polymorphism) 

 Considered the oldest and time consuming method which breaks down the DNA material into segments which do not help in determining parentage tests.

2. STR’s (Short Tandem Repeats) popularly used today which is used for parenting and forensic identification. The variables in the DNA or the genetic markers are the STR where in the set of 15 pairs of STR’s is taken and employed in automated DNA giving it a unique profile. It serves various purposes which include identifying the gender of the subject and also assisting in the cases where DNA has undergone a degradation stage. 

3. PCR (Polymerase Chain Reaction)- it is the new advancement which is used in making multiple copies in a limited time improving efficiency.

DEVELOPING THE DATABASES 

In consideration to keep up with the data availability DNA analysis is combined in with the database technology which enables the laboratories at different locations to access the data digitally and use it for the purpose of investigation. 

The database includes two indexes comprising of one of the offender and the other forensic index containing DNA profiles which is extracted from the site. 

The efficiency in the case can be sensed in the particular case when the golden state killer ws arrested. The DNA data was extracted from a consumer DNA database which helped in identification of the criminal. The reports states that so far there were 50 cases resolved in 29 states of the United States where the criminal was charged with henious crime of rape and murder.

WHAT PURPOSE DOES IT SERVES. 

The technique serves the list of advantages during the investigation of the crime scene. It reduces the laborious efforts of the investigation team to reach a conclusion speedily. Moreover the technique

1. Identifies the variation in the DNA in case the material is identical (for instance twins/siblings) 
2. The reports can be derived from any bodily fluid and is not material-specific
3. Species and gender can be determined including wildlife
4. Better administration of Justice with efficiency 
5. DNA Profiling is comparatively less sensitive than other bodily substances which can be missed in the investigation and provide no use.

THE JUDICIAL RECOGNITION TO THE TECHNIQUE 

The 2013 Delhi Gang Rape case also confirmed the efficacy of the technique wherein The Supreme Court confirmed that DNA Profiling has now a statutory part of an investigation after the 2005 amendment in the Code of Criminal Procedure. 

1. Section 53 of the CrPC - The new amendment mentions the inclusion of the technique of DNA Profiling and other tests which is conducted by the medical expert in the needed cases.
2. Section 53 A of the CrPC- It prescribes regarding the tests conducted by the medical practitioner on the victim of rape. It prescribes a format of the reports which shall include other basic details such as age, address of the victim and the person who brought the victim. 

Section 112 of the Indian Evidence Act- talks about the paternity and maternity tests and the legitimacy of the child in wedlock in consideration of the DNA Profiling reports. 

REVIVING THE COLD CASES; SERVING JUSTICE THROUGH DNA PROFILING 

“Sometimes, the cold cases have the hottest secrets.” quoting from THE BOOK OF COLD CASES.  It is believed that even the smoothest criminal leaves the clue behind but What may be missed by the naked eye can be resolved through the beam of science. DNA Profiling is indeed a key to justice which serves justice was the families who lost all hopes bidding adieu to their destiny. The DNA Analysis ensures that cold cases are resolved at a faster rate as well as overturns wrongful convictions. 

The technological advancement also ensures that the DNA database remains updated and in safe hands. the database acts as a depository of genetic information and identification for further analysis purposes. There are some advancements which have been mentioned as below and how they have sufficiently closed the cold cases. The databases are maintained in such a way that the DNA extracted from the scene is maintained and as soon as the evidences match with the DNA found by the agencies. 

TRACING INTERNATIONAL CASES THAT MADE THE HEADLINES

• MARION CROFTS CASE -1981

1. The innocent 14 year old was raped and murdered by the sexual predator 
2. There were no prominent leads found on the case for 2 years. 
3. The accused’s DNA was matched with the database when his DNA was extracted through a mouth swab on the charges of accusation of assault on his wife

• CIGRATE BUTT CASE - MURDER OF RITA CURRAN- 1971

1. One of the popular cases was resolved after a decade where there were no leads found on the murder of the victim. 
2. The cigarette butt found near the victim’s body gave away the DNA of the perpetrator which was later matched by the use of modern DNA and genealogy technology. 
3. Sadly, the person guilty of this crime died a few years before this discovery was made. The police authorities were disheartened although sympathised with the family in making a closure to this case

• CATCHING THE NIGHT STAKER-  An Inspiration to the Manhunt - II 

1. Due to the lack of Forensic details of the perpetrator, Deloy Grant who was nicknamed Night Staker went on to commit the heinous crime of dead nights for about a decade. 
2. He committed the spotless crime with unpredictable crime patterns with the disguise of carrying ex-husband. 
3. Operation Minstead was operated in order to catch this “very evil man” which was successful when 10  DNA extracts were taken from pensioners who agreed to undergo medical examination after getting raped by a minicab driver. 

• GEORGE AND CATHERINE PEACOCK - 1989

 The long-awaited cold case of 33 years finally found its closure in 2022. 

1. The aged couple was murdered by stabbing in their house without forceful intrusion. Suspects were the someone known. 
2. Later in the year 2022, Michale Lousie, the son-in-law of the couple was found guilty of their murder on the basis of DNA extracts taken from the car which matched with that of the crime scene. 

• THE BOSTON STRANGLER CASE- SOLVING MURDER-RAPE CASE AFTER 5 DECADES

1. Sulivan who shifted in the neighbourhood was one of the 11 victims who was horridly strangled to death by the Bostom Strangler. 
2. Albert DeSalvo was confirmed as a Bostom Stangler whose DNA matched with those which was found on Sulvian’s body, one of his last victims in the year 2013
3. The perpetrator was convicted for other proven crimes committed and died due to stabbing when he was imprisoned.
4. The criminal actions of the perpetrator is now filmed as a Hulu series with the same name 

TRACING INFAMOUS CASES SHOOK THE NATION 

• Shraddha Walker’s Case- 2022

1. The murder was inspired by the popular series “Dexter”, the Corpse was identified by DNA Profiling. 
2. The identification was done when the DNA was taken from the Victim’s father and her brother, The reports were given out by The Center For DNA Fingerprinting And Diagnosis (CDFD) when the police authorities failed to extract DNA samples of bones and hair strands.
3. The accused Aftab Poonawala was declared guilty for murdering and tampering with evidence committing acts of dismembering her body parts into 35 pieces and strategically disposing of the corpse. 

• DELHI GANG RAPE CASE- 2013

Mukesh and Anr Vs State of NCT Delhi [AIR 2017SC2161]

1. The very case that shook the nation was the devastating truth that screamed for women's protection. 
2. Forensic tools including DNA Profiling were used to establish the guilt of the four perpetrators who were involved in heinous crime. 
3. The DNA Profiling proved their quality wherein it was established that the criminals were indeed present on the bus and were indeed involved.
4. The Apex Court also recognised the advancement in Forensic Science which would equip the judicial organisation to establish justice. 
5. The importance of DNA Profiling and its efficiency was relied on stating it to be 100% accurate. 

• RAJEEV GANDHI’S ASSASSINATION CASE-1991

• The 6th Prime Minister of India was assassinated in the brutal human suicide bomb blast in Sriperumbudur caused havoc due to the incident.
• DNA Profiling was used to identify the people who were killed in the blast along with the attacker and his companion also.
• TANDOOR HATYA KAND -1995

Sushil Kumar Sharma v. The Union of India [(1997) 5 SCC 536.]

1. DNA Profiling was used to trace the identity of the victim Naina Sahini who was killed by her husband.
2. The horror was unravelled when the corpse of the deceased was cooked in the tandoor by her husband in order to get away with the crime. 

• SHINNY AHUJA RAPE CASE- 2009 - The inspiration behind the movie SECTION 375

1. DNA Profiling was used as an absolute identification in this case
2. The actor was turned in as guilty for the charge of rape of his maid when the 10 samples of DNA were extracted confirming sexual intercourse.
3. The sample also confirmed the DNA belonging to the actor which included his semen found on the victim's body.

• THE BLACK BUCK CASE- SALMAN KHAN- 1998 

1. While considering the cause of the death of the black bucks, DNA Profiling was used to confirm the murder caused due to hunting.
2. The reports were also inclusive of the blood-socked mud which confirmed the cause of death which went against the submissions of the defence counsel.
3. The cases remain a subject of discussion for the usage of DNA Profiling in saving wildlife. 

IMPLICATIONS IN PRIVACY AND ETHICS

Right to privacy 

Under Article 21, the technique is also subjected to raise concerns on the fact of infringement of the right to privacy and deriving the medical information of the individual without his will. In such cases, the balance between the interest of the individual and the interest of society is required to be maintained. The Indian Courts have recognised this balance to be struck in for convenience and exercising this power with reasoning and tenderness. The case of Bhabhani Prasad Jena V Convener Vs. Secretary Orissa State Commission for Women [AIR 2010 SC 2851] 

Considering the Judicial implication as held in the Indian precedents, it is understandable that in some circumstances, the person does not have a choice to say no to the tests which has comparatively raised concerns which oppose Article 14 of the Indian Constitution which safeguards the right of the individual stating equality before the law. It also opposes procedural arbitration or discrimination. The procedure conducted shall preserve the essence of Article 20(3) and Article 21 of the Indian Constitution respectively. 

In the case of Sharda Vs. Dharampal [AIR 2003 SC 3450] it was held that the case does not limit the Judicial Authorities not to order the subjected person to go through medical tests and doing so does not amount to infringement of Article 21 of the Indian Constitution. It was also held that the subject person can refuse the tests only if he on prima facie convinces the court not to conduct such tests

Hence, with  respect to the consent for conducting the tests. The order of the court can be challenged only if there are strong grounds to do so. If he is able to convince the court of law that the prima face establishes that there is no such requirement for the test to be conducted as well as on there is no necessity for accumulation of the reports as the present evidence is clear. 

In the case of Selvi v. the State of Karnataka [2010 (7) SCC 263] it was held that the invasive techniques require the consent of the individual who is required to conduct tests. The cases of brain mapping, Nacro- analysis etc require mandatory consent. Consent in civil cases are much more recognised than In criminal cases as the latter emphasis is on serving the interest of society rather than personal interest. 

Furthermore, it was held in Gautam Kundu v. Bengal [(1992)2CALLT130(HC), 96CWN751] stating no one can be compelled to give consent for the blood sample for DNA Analysis and there must be strong grounds against the husband to oppose such consent in the legal suit.

SCRUTINISING RAPE CASES

The consent of the rape victim is considered stricty while obtaining tests as instructed under Section 164 A of the Code of Criminal Procedure stating that the consent prior to conducting such tests shall be taken and in the situation where the victim is below the age of 12, In such condition, its the parent or the legal guardian holding the responsibility to give consent on behalf of the victim. Recording the statement of her consent is an essential element to be present in The Court Of Law. 

The situation remains dissimilar for the accused as section 53-A of the same enactment mandates the test can be conducted without obtaining consent. The Importance of DNA evidence found on the accused was emphasised in the landmark case of Krishna Kumar Vs. State of Haryana [AIR 2001 SC 2877].

CONSIDERING ETHICAL CONCERNS 

The advancement in the bio-technology has raised another set of grey areas for the legislature to rule out the odds. Consider bone marrow transplant for example. The variation may lead to complexities in determining the DNA profiling reports causing issues in precession. DNA extracted from hair and teeth may be different to the DNA obtained by bodily fluids making the identification a little more complicated.

While the world is trying to curb the relative standards to minimise the undiscussed discrepancies and involve technological advancement, The Indian Laws still continue to remain silent for the growth which coils in the problems in consideration of DNA Profiling. Although the cases have not yet been reported yet but it does not subtract the probability of it minimising in the near future. 

DNA PROFILING- THE DATA ANALYTICS BY MINISTRY OF HOME AFFAIRS

The data analytics of impending cases of DNA Profiling were given by the Ministry of Home Affairs when the impending status was questioned by the MP Sangeeta Yadav in the sessions of Rajya Sabha. The question was also pitched regarding whether lab resources are enough to meet the requirement. 

The Union Minister Of Home Affairs on 5th April 2023 answered the first query and stated the pending case number to be 236 for DNA Profiling. As the table 1 below 

(As in February,2003)

 Table 1 

(Source: Digital Sansad)

Regarding the number of Forensic science laboratories 7 in number which remains under the control of the Directorate Of Forensic Science Laboratories, they are stated to be well equipped and further investments of Rs. 175.32 crores have already been released by the respective government under the Nirbahaya Fund Scheme. 

Stating the parliamentarian intentions to pitch it into the legislature. The consideration of the DNA Profiling Bill Act,2019 was considered to be legalised and was passed by the Lok Sabha but it was collapsed as there were discrepancies in the draft wherein it was decided to withdraw it instead of making necessary changes and introducing a revised bill. 

LIMITATIONS AND SCOPE OF IMPROVEMENT IN INDIA 

There are situations where the efficiency of DNA Profiling is challenged and has not been taken into consideration in The Court Of Law. The precision is challenging as are still more experts needed in the field to provide their assistance. Moreover, the equipment quality used is not up to the mark. The State agencies in India have limited resources to carry out the technique as well. The country has limited agencies and investigating labs which provide in for DNA Profiling. 

DNA profiling has created efficiency providing in justice even for cold cases which were closed for more than 50 years wherein it has won the faith of the judicial fraternity to adhere in reliance to delivering justice but it is also essential to understand the advancement in the bio-technical sector which can hinder the verdict of the court. Introducing technology as an essential part of judicial enactments is indeed a commendable step but it is also required for the legislature to tap into the speed of the technology. The grey areas of technology along with the consideration of separate legislation for DNA-affiliated laws will no doubt be a need of the hour and it is the time to ponder upon the statutes to smoothly function and utilise the pros of biotechnological advancement.