Research Journal of Recent Sciences ________________________________________________ ISSN 2277-2502
Vol. 1 (ISC-2011), 405-409 (2012)
Res.J.Recent Sci.

Review Paper

DNA Technology: The Technology of Justice - Current and Future Need
Thierry Murangira B. and Bhakare Jyoti
Department of Law, University of Pune, MS, INDIA

Available online at: www.isca.in
(Received 16th September 2011, revised 11th January 2012, accepted 25th January 2012)

Abstract
The intelligence of human being, since the beginning of this world has resulted in the growth of science and technology.
Science and technology have developed according to the interest and needs of humankind. They are having tremendous
impact on human lives. Advances in DNA technology are being seen as significant, reliable, efficient and accurate tools for
law enforcement agencies to fight crimes. DNA evidences are capable of proving guilt of accused or innocence of accused
persons wrongly convicted. Forensic DNA Technology has transformed investigative methods of serious crimes due to its
remarkable capability to convict wrongdoers or exonerate accused or convicted offenders. One of the most significant and
great qualities of DNA evidence is its ability to solve cold cases. More importantly, DNA technology can quickly lead
suspicion away by allowing samples of past crimes that were never solved to be reassessed. This can result in the arrest of
suspect(s) years after the crime was committed. In essence, DNA evidence is rapidly becoming irrefutable proof of
identification. The question whether DNA is advancing justice becomes relevant in cases where police, in their efforts, use
DNA evidence to find suspects and solve crimes. Certainly, questions of justice weigh most heavily when the DNA samples of
innocent person is taken, stored and analyzed and falls under the lens of suspicion. Therefore, this paper deals with the
utility of DNA Technology in criminal investigation process. Advancement of DNA technology toward a vision of justice is a
focal point of this research paper.
Keywords: Forensic DNA technology, technology of justice, cold case, criminal investigation.

Introduction
In recent days perpetrators use science and technology to
their advantages in committing crimes. Consequently,
investigating officers are required to possess scientific tools
to investigate these crimes. Forensic science comes to their
rescue by introducing DNA technology in the legal system.
Forensic science is the application of principles of science
and technology in investigation of crime(s) to enable the
courts to determine the guilt of the accused. It is applied in
both criminal as well as civil cases. The evolution of science
and technology has enabled law enforcement agencies to
solve many apparently ‘unsolvable crimes’, which have
made people to associate forensic science with detection of
crimes. Applications of DNA evidence assist the courts in
determining, whether a crime in fact has been committed,
and if it has been committed how and when. This article
considers the likely impact of DNA technology on
administration of criminal justice. It focuses on two major
things of DNA technology: the utility of DNA test as
powerful tool for identification purposes in criminal cases
and admissibility of DNA samples recovered from the crime
scenes in the courtroom.
This purely doctrinal research paper is conducted with
reference to the existing legislations, judicial precedent and
law commission reports, national as well as international.
Legal and scientific literature has been collected from text
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books, journals, internet sites etc. This research paper is an
analytical study which lays out the general principles of
DNA technology, its utility wherein the relationship of
science and law is examined with special emphasis on the
concept of forensic science. The issue of admissibility of
DNA evidence in court rooms has been analyzed in minute
detail in this research paper. For the purpose of this paper the
authors have collected and reviewed various text books,
survey reports, law journals, case laws and landmark
judgments and citations by the eminent judges, as well as
web materials by exhausting various legal websites.
Due to the nature of this research paper, the authors have
adopted a doctrinal method to carry out this paper. The
authors have used analytical and critical methodologies on
this paper. This article is to establish the utility of DNA
technology in justice delivery system.
In the Beginning: The forensic use of DNA started with the
work of Alec Jeffreys, in 1984, Jeffreys invented the
techniques which uses human biological sample in
courtroom. He demonstrated that DNA samples, dried stains
several years old, contained sufficient DNA to produce
conclusive results. Jeffreys proved that even small fragments
of DNA molecules were virtually unique to individuals1.
What is DNA: DNA is the abbreviation for
deoxyribonucleic acid, which is the genetic material present
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Vol. 1 (ISC-2011), 405-409 (2012)
Res.J.Recent Sci.
in the cells of all living organisms. DNA is the fundamental
building block for an individual's entire genetic makeup.
DNA is found in almost every cells of human body such as
blood, semen, urine, saliva, hair, etc. Every individual has
unique DNA which does not match with others except
monozygotic twins. Our body's cells each contain a complete
sample of our DNA. The DNA in a person’s saliva is the
same in every skin cells, semen, etc2.
Utility of DNA evidence as a powerful tool in criminal
investigation: The uniqueness of DNA evidence makes it a
powerful tool in criminal investigation, because, each
person's DNA is unique except identical twins. Therefore,
DNA evidence collected from a scene of crime can involve
or exempt a suspect. Not only that, it can also examine
unidentified remains of dead body with comparison of DNA
from family members. Moreover, once DNA evidence from
one scene of crime is compared with evidence from another
using DNA database such as codis in us, those crime scenes
can be connected to the same perpetrator locally, statewide
and nationally3. DNA test is also a powerful tool because
when biological sample from scene of crime is collected and
stored properly, forensically valuable DNA can be found on
thing that may be decades old. Therefore, old cases that were
previously thought unsolvable may be solved by DNA
evidences because they are capable of identifying the
perpetrator4. The possible influence of DNA technology in
investigation of crime is not seen in number of cases in
court, because, a lot of its impact is behind the screens, such
as exempting person from the gallows of suspects which
lessens the court work-load when identity is found. The use
of DNA evidence in crime cases is of paramount
consideration, because it is a reliable investigative tool for
exempting persons wrongly suspected of taking part in a
crime5. Not only that, DNA can also furnish convincing
evidence of participation and the result of the analysis may
induce the accused to plead guilty. In criminal investigation,
the presence of DNA evidence is deemed to have an effect
on the confession made by suspects6.
Admissibility of DNA evidence in litigation: The service of
criminal justice system often uses scientific expert and
forensic DNA evidence in investigation. DNA testing is used
to find out the connection between biological sample found
at crime scene and suspect. It can also be used to establish
whether the fingerprints found on a gun is for the accused
party. The qualification of DNA evidence to be reliable for
use must be proper preservation of sample by competent
forensic expert(s) or trained police in that area. A DNA
sample that is badly smudged when found cannot be usefully
saved or analyzed it may even mislead investigation in case
of contamination7.
The issue of admissibility of DNA evidence is crucial. While
presenting the DNA evidence there should be balance
between legal rights of the suspect as against the interest of

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the state. This is the main reason to support the conformity
required by law leading to accurate collection of DNA
samples. The power is in the hands of judiciary to consider
or not to consider DNA evidence after weighing the
prejudices against probative values.
Every court of law has discretionary power to refute DNA
evidence obtained in situations which may cause to be used
against the accused in unjustly manner8. The exercises of the
discretionary power of the court for the sake of justice, the
courts balance public interest in prosecution of wrongdoers
or perpetrators, as against the public interest in the protection
of the individual from illegal and unjust treatment. While
DNA evidence is acquired in breach of stipulated scientific
process, the court can admit the questionable evidence
simply when the necessity of admitting the evidence prevails
over the undesirability of admitting it. The problem of
admissibility of DNA evidence is nevertheless, an issue
which has to be regulated under domestic law.
During the period of 20th century, as science developed, the
legal system was not developing keeping pace with evolution
of science to admit scientific evidence in the system of
justice9. The first remarkable case in United States was frye
v. United States10. In this murder case, the suspect wanted to
prove his innocence through lie detection test, unfortunately
court rejected his wish on ground that, the evidence must be
well recognized by scientific principle or discovery and the
thing from which the deduction is made must be sufficiently
ascertained and secure the general acceptance in particular
field in which it belong11.
However, the first daring case that had an impact on DNA
evidence was people v. Castro12, wherein admission of DNA
evidence was examined vigorously in this case. A blood stain
was found on jose castro’s watch accused of murdering his
neighbor and her daughter. After analyzing the blood stain
found on castro’s watch, the court concluded that the theory
underlying DNA test is generally accepted by scientists in
genetics and the techniques applied in the particular case
were so faulty, hence, evidence of a match is inadmissible 13.
After establishing that forensic DNA evidence met the
principles led down under frye, the court set up a new
standard for the admissibility of DNA evidence, not only that
DNA test is generally accepted in scientific community but,
also to establish that the technique and procedure were
properly followed by laboratories in specific case before the
court14.
In India, quite a few convictions have occurred wherein
DNA evidence has been indirectly acknowledged under
section 45 of the Indian evidence act, 187215. Section 45 of
the said act deals directly with the opinion of the expert
stating that “when the court has to form an opinion upon a
point of foreign law, or science or art, or as to identity of
handwriting (or finger impressions), the opinions upon that

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Vol. 1 (ISC-2011), 405-409 (2012)
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point of persons specially skilled in such foreign law, science
or art, (or in questions as to the identity of handwriting or
finger impressions) are relevant facts.”
The courts held that medical evidence is only an evidence of
opinion and is hardly decisive. It is not substantive evidence.
But, the opinion of the doctor who has held the postmortem
examination and of the forensic science laboratory is reliable.
The supreme court of India has further stated that unless
there is something inherently defective in the medical report,
the court cannot substitute its own opinion for that of the
doctor16.
The reports of certain government scientific experts are dealt
under section 293 of the code of criminal procedure. Section
293(2) stipules that when the court thinks necessary can
scrutinize the report given by the expert. The court should
not take that report as it is without making an analysis17.
People have different views regarding fundamental principle
of scientific evidence like DNA evidence for instance; it
cannot be subjected or questioned, only legal analysis should
be done on collection and authentication of scientific
samples18.
Nevertheless, a number of writers believe that, there are no
national or international standards; each laboratory has its
own guiding principles. However, the court is not likely to
comprehend in minute details the standards of the process;
the court considers the opinion of the expert based on trust 19.
In addition, various courts are still hesitating to admit DNA
evidence as they are of opinion that laboratories are not
following the general scientific principles or this violates
fundamental principles and public policy.
Therefore, in India, there is still uncertainty on what criteria
and laws the courts should be based on for the admission of
DNA evidence. The capability of DNA evidence to establish
innocence or guilt of crime beyond reasonable doubt is being
acknowledged by judiciary in various countries. India is not
lugging behind, although DNA technology has not yet being
fully welcomed in investigation process and justice delivery
system. Gradually, India is acknowledging the outcome of
DNA testing, it is moving toward passing of legislation
which will deal with DNA technology and set up of DNA
database. Additionally, Indian judiciary has passed various
decisions based on DNA evidences20.
Toward a vision of technology of justice: The vision of
justice to which the criminal justice system is based on;
should be a proper balance between the protection of civil
liberties, presumed innocence, and procedural rights of
persons and the needs of the state to apprehend, punish and
rehabilitate perpetrators of crime. People have an expectation
of privacy in respect to the content of their DNA sample,
regardless of where it has been obtained or acquired 21. The

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issue arises when DNA of an individual is analyzed beyond
the identification purpose.
In hiibel v. Nevada22, us supreme court held that, a person
does not have a constitutional right to withhold his or her
identity. But the police cannot stop a person without
reasonable suspicion simply to acquire the individual’s
identity. Hence, to reiterate from the said case, even if DNA
evidences were used exclusively for identification purpose,
there are still limits on what police can do to obtain DNA
identity. Law enforcement agencies have to meet legally
justified cause or reasonable suspicion requirement to
acquire DNA evidence. It is very significant to note that
DNA is not simply being collected for identification purpose
only but also for investigation, inculpatory and exculpatory
purposes23.
Evolving impact of DNA technology on the criminal
justice system: Evolution of DNA technology is having a
major impact on laws as they have or are being amended in
many legislations worldwide. This affects the way
investigations are done and how to handle unsolved cases. Its
innovation is of supreme consideration because laws are
being enacted, amended, and repelled even altered to
maximize the benefits of the ability of DNA technology to
identify, convict and exempt innocent falsely convicted 24.
Enactment of law regarding the collection, use, storage,
admissibility and creation of DNA database for DNA
evidence reflects the impact of DNA technology on criminal
justice system. The legal provisions of limitation limit the
time within which criminal charges can be filed for a
particular offence.
Those provisions are deep-rooted in laws prohibiting the
person from utilizing the evidence that has turned out to be
outdated over a period of time. For instance, an eye-witness
may forget the detail(s) of what he has seen due the laps of
long time; his memories vanish as time passes. However,
DNA evidence is a powerful and reliable tool which can
establish the truth with accuracy regardless decades after the
crime was committed.
The irrefutable achievement of DNA technology is that it has
resulted in general tendency towards the creation of DNA
database in other countries which have established national
DNA database system. Even though DNA evidence is not
the only tool that helps to solve unsolved cases, evolution of
DNA technology and the achievement of DNA database have
instigated the law enforcement agencies to reassess the so
called “cold cases”. Nowadays, investigating officers have
realized the ability of DNA evidence to easily identify a
suspect in ways previously seen as impracticable or
unrealistic. The visible evidence to the naked eye can be used
in settlement of some crimes, but because the perpetrators are
using the umbrella of technology to commit crime, DNA
technology is playing remarkable role to solve that crime25.

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Vol. 1 (ISC-2011), 405-409 (2012)
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Laws are being enacted in various countries to call for all
convicted felons to surrender their DNA sample for the
creation of DNA profile to be stored into state DNA
database. The more DNA samples are submitted the larger
the DNA database, rendering database system a more
powerful tool for law enforcement26.

Conclusion
DNA evolution has drawn attention of judiciary, to focus on
evaluation and admission of DNA technology into legal
systems. Various decisions such as daubert in usa, gave
confidence to the judges to exercise greater freedom to
appraise scientific evidence which would help to resolve
remaining issues of admissibility. In due course, absolute
acceptance of existing and praiseworthy of new DNA
principles is certain. For that reason these investigative tools
will merely turn out to be greater than they are nowadays.
Meanwhile, judges should not be reluctant to accept DNA
technology to be incorporated in justice system while waiting
for suitable answers to the issues raised by it. Judges should
not miss out the best way of interpreting the results of DNA
testing because there will be most likely discussion over the
perfect way of interpretation and analysis of DNA results
among judges and scientists. Justice delayed is justice
denied, and DNA technology has proved to be constructing
and helpful in justice delivery system. The investigation
process needs to be hastened by acknowledging DNA
evidence as powerful tool of current and future need;
otherwise the criminal justice system will suffer.

Acknowledgement
Thanking people is a nicety we tend to overlook too often.
Writing takes time, attentiveness, concentration, and
perseverance; this requires the involvement of people who
invest in and count on your presence. Thanks are due to those
individuals whose time was stolen or who have spared there
time for us. We are thankful to paul n. Musila, phd research
scholar, teachers of law department, Pune university for their
valuable time and suggestions. Our thanks are due to all
friends of DNA technology. Finally, thanks to you for
reading this article.

References
1.

Yawer Qazalbash, DNA
Admissibility, 24 (2006)

Evidence

2.

Parikh and Mishra, The principles of Medical
Jurisprudence, Medical and Forensic Science, DNA test
and Toxicology,11(2007)

3.

The CODIS Unit manages the Combined DNA Index
System (CODIS) and the National DNA Index System
(NDIS) and is responsible for developing, providing,

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and

Its

and supporting the CODIS Program to federal, state,
and local crime laboratories in the United States and
selected international law enforcement crime
laboratories to foster the exchange and comparison of
forensic DNA evidence from violent crime
investigations, (2010)
4.

Sheldon Krimsky and Tania Simoncelli, Genetic
Justice: DNA data banks, Criminal Investigations, and
civil liberties, 306-307 (2011)

5.

Edward Connors, Convicted by jury exonerated by
Science, IPT Journal, (10) (1998)

6.

Abichandani R.K., New
Investigation, (2010)

7.

Sharma Abhijeet, Guide to DNA Test in Paternity
Determination and Criminal Investigation, 260 (2007)

8.

Heydon J.D., Cross on Evidence, 795, (2000)

9.

http://www.nap.edu/openbook.php?record_id.
on 11th Sept, (2010)

Biology

and

Criminal

visited

10. 293 F. 1013, 1014, D.C. Cir, (1923)
11. The Frye decision was that the lie detector test was not
trustworthy for the reason that it had not obtained
“general acceptance” in the relevant scientific
community. Its meaning test is indefinable. In fact, the
Frye test brought a lot of debate in by Judges, whether
the scientific evidence should be admitted in legal
system or not. For many years, the Frye test was cited
in both civil and criminal cases, but it was applied most
frequently in criminal cases, (1923)
12. 447NW422, Minn (1989)
13. The Castro judgment provides the intention that DNA
identification evidence of exclusion is more providing
reasonable basis of admissibility than DNA
identification evidence of inclusion. In Castro, the court
ruled that DNA tests could be used to show that blood
on Castro’s watch was not his, but tests could not be
used to show that the blood was that of his victim,
Accessed on 14th June, 2010, See also, DNA
Technology in Forensic Science, Committee on DNA
Technology in Forensic Science, USA Board of
Biology, Commission on Life Science, National
Research Council of USA (1992)
14. Adhikary
Jyotimor,
DNA
Technology
Administration of Justice,56-57 (2007)

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Vol. 1 (ISC-2011), 405-409 (2012)
Res.J.Recent Sci.
15. KSN Reddy, The Essentials of Forensic Medicine and
Toxicology, 387 (2004)

21. R.R. Gopal v. State of Tamil Nadu,AIR1997 SC 264,
22. 542 U.S. 177, (2004)

16. Kantak M.P., Ghodkirekar M.S. and Perni S.G., Utility
of Daubert guidelines in India, Journal of the Indian
Academy of Forensic Medicine, 26 (2004)
17. Madan Gopal Kakkad vs. Naval Dubey and another 3
SSC 204 (1992)

23. Hiibel v. Sixth Judicial District Court of Nevada,
Humboldt Country et al., U.S. Supreme Court, NO035554, decided June, 2 (2004)

18. Pillay V.V., Textbook of Forensic Medicine and
Toxicology, 14th ed., 89 (2004)

24. National Institute of Justice (NIJ), Convicted by Juries
Exonerated by Science, Case study in using DNA
evidence to establish innocence after trial. Report
released, (2009)

19. Vij K., Textbook of Forensic Medicine (Principles and
Practice). 1st ed., 134 (2001)

25. Susan Price Livingston, DNA Database of Convicted
Felons, OLR Research Report, (2002)

20. State of Gujarat v. Kishnbhai, MANU/GJ/0506 /2005
(In this case the police was criticized for not having
employed DNA test during investigation. It was
observed, in case of rape, where injuries on the vagina
of the victim are so grave and serious, in our opinion,
either pubic hair or semen of the accused ought to have
been found from the body of the victim.

26. Special Report on, Using DNA to Solved Cold Cases,
published by the National Institute of Justice (U.S.
Department of Justice), (2002)

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