DNA profiling: Statutory foundation and evidentiary significance

Ref: Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad Versus The State of Uttarakhand ([2025] 9 S.C.R. 585 : 2025 INSC 1097)

The statutory foundation and evidentiary significance of DNA profiling in Indian criminal trials, particularly in the context of Mukesh & Anr. v. State for NCT of Delhi & Ors. (the Nirbhaya case).

1. Statutory Significance
   • With the 2005 amendment to the Code of Criminal Procedure, Section 53-A CrPC was introduced.
   • This provision authorizes a detailed medical examination of an accused in rape or attempted rape cases, conducted by a registered medical practitioner.
   • The explicit inclusion of DNA profiling within the statutory scheme shows legislative recognition of its importance as a forensic tool.
   • By codifying the process, the law reduces ambiguity regarding the admissibility of DNA evidence and provides procedural safeguards to ensure its reliability.
2. Evidentiary Significance
   • DNA profiling is seen as a highly reliable scientific technique for identification.
   • Courts have noted its dual role: not only does it help establish guilt by linking the accused to biological evidence found at the crime scene, but it can also exonerate the innocent, thereby protecting the rights of the accused.
   • The judgment underscores that DNA profiling yields conclusive results compared to other forms of circumstantial or testimonial evidence, which may be more prone to error or manipulation.
   • This elevates DNA evidence to the level of predominant forensic evidence in criminal adjudication, particularly in cases involving sexual offences, homicides, or other crimes where biological material is available.
3. Judicial Perspective
   • The Court in Mukesh stresses that DNA evidence is part of the “modernisation” of forensic science, reflecting global standards of criminal justice.
   • The reliance on DNA evidence also demonstrates the judiciary’s recognition of science as a critical aid in the truth-finding mission of trials.
   • However, the judgment also implicitly points to the need for proper collection, preservation, and testing protocols, as the reliability of DNA evidence depends heavily on the integrity of these processes.
4. Balancing Probative Value and Fair Trial
   • While DNA evidence is powerful, courts remain conscious that it must be used with procedural safeguards. Any contamination, tampering, or improper handling of samples could compromise its value.
   • Thus, DNA evidence is not viewed in isolation but as part of the larger evidentiary framework, corroborating or being corroborated by other forms of proof.

In essence, the Court’s observations establish DNA profiling as a statutorily sanctioned, scientifically advanced, and judicially accepted form of evidence that has transformed the administration of criminal justice in India. Its evidentiary weight lies in its capacity to provide certainty in otherwise ambiguous criminal investigations.