DNA TECHNOLOGY IN CRIMINAL INVESTIGATION: LEGAL CHALLENGES

Abstract

The use of DNA technology in criminal investigations has changed the shape of forensic science, providing unparalleled abilities to identify perpetrators, exclude the innocent, and reconstruct crime scenes (Żarczyńska et al., 2023). Forensic DNA analyses is a central component of modern criminal justice systems around the world, producing strong evidence that can be extremely probative and lead to case closure (Bhoyar et al., 2024; Machado and Granja, 2020). Nevertheless, the use of DNA technology in forensic settings presents difficult legal and ethical issues, especially against a backdrop of shifting legal systems and changing public morals. The new criminal laws, namely, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita; and the Bharatiya Sakshya Adhiniyam (hereinafter "new laws") in India have come into force and this warrants a detailed understanding of implications of DNA evidence in the backdrop of criminal investigations (Butler, 2022). The new laws are a comprehensive reform of the existing criminal justice in this country replacing what were out-dated British-era laws to provide a more efficient and effective framework to provide justice in crime (Naik, 2024).