22-02-2013, 11:19 AM
DNA Finger Printing
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RESEARCH PROBLEM
Chapter II of the Indian Evidence Act, 1872 contains section 45 which says about Expert Opinion. It deals with the various types’ Expert opinion such as opinion as to foreign law, opinion as to science or art. The later also includes Medical Science, Science of Handwriting, Comparison of voice sample, DNA Finger Printing.
DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing. It is used in, for example, parental testing and criminal investigation
DNA is present in all the cells in our body, which determine our individual physical characteristics such as eye, hair, and skin color. DNA evidence is found in material such as blood, saliva, sweat, urine, skin tissue, and semen. DNA could potentially be found on a victim’s body (including under the fingernails), clothing, drinking glass, furniture, weapons, etc. Anything a perpetrator touches could potentially have DNA evidence on it.
Introduction
DNA (Deoxyribo Nucleuic Acid) commonly known as “the genetic material”, establishes a unique genetic code for every person determining the unique characteristic of that person. It is much like an individual own “personal barcode” or the “blue print of life”. It determines the inheritable traits that makes the person different form another person such as hair color, or shape of nose, eye color, etc. which is why it has caught so much attention of forensic scientists all over the world, because no two people except the identical twins can have the same DNA structure.
All living organisms are composed of cell which contains information packaged as approximately five linear feet of Deoxyribo Nucleuic Acid in nucleus in microscopic assemblages known as chromosomes. Human cells have 23 pair of chromosomes i.e. total 46 chromosomes. Each cell has one pair of sex chromosomes, and 22 pair of non-sex chromosomes, known as autosomes. An individual inherits half of his or her chromosomes from each chromosome. DNA is a complex long molecule comprised of two strands which twists around each other, forming what is termed as a “Double Helix”. Each rung on the ladder formed from pair of chemical compound known as bases or nucleotides. These bases are parallel chain known by their initial letters: A (Adenine), G (Guanine), C (Cytosine), T (Thymine). Due to their chemical makeup Adenine is always paired with Thymine and Cytosine is always paired with Guanine.
Why DNA Testing?
The latest and the most revolutionary science that has emerged in recent years in DNA Test. The Centre for Cellular and Molecular Biology (CCMB) at Hyderabad has carried out certain experiments at Hyderabad. By this it is possible to fix the maternity and paternity of a child with 100% certainty. Also where a crime has been committed and certain blood is available at the scene of crime, from that blood it can be said that that blood belongs to whom with all certainty. By virtue of DNA technology it can be said that the blood belongs to the particular person. In Rape cases DNA test could be proved the most clinching evidence.
DNA profiling also called as DNA testing, DNA typing, or genetic
fingerprinting is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing. It is used in, for example, parental testing and criminal investigation.
Although 99.9% of human DNA sequences are the same in every person, enough of the DNA is different to distinguish one individual from another, unless they are monozygotic twins. DNA profiling uses repetitive ("repeat") sequences that are highly variable, called variable number tandem repeats (VNTRs), particularly short tandem repeats (STRs). VNTR loci are very similar between closely related humans, but so variable that unrelated individuals are extremely unlikely to have the same VNTRs.
Who is an Expert?
An expert is a one “who is skilled in any particular art or trade or profession, being possessed” of particular knowledge concerning the same. An expert operates in field which is beyond the knowledge of common knowledge. An expert is however not required to be a professional expert who makes a living by giving such evidence but must have devoted sufficient time and study of subject to make his evidence trustworthy.
An expert witness is one who has made the subject upon which he speaks a matter of particular study practice, or observation and he must have a special knowledge of the subject. Section 45 of the Indian Evidence Act which makes opinion of expert admissible lays down that when court has to form a opinion upon a point of foreign law, or of science or art, or of fingerprinting or handwriting, the opinion upon a point of foreign law, or of science or art, or of fingerprinting or handwriting are relevant facts. Therefore, in order to bring the evidence of witnesses that of an expert it has to be shown that he had made special study or acquired special experience therein or in other words that he is skilled and has adequate knowledge of subject.
Expert Opinion how much reliable?
If the prosecution relies on the opinion of the handwriting expert, the accused is entitled to know in advance the reason of the handwriting expert for giving such opinion. If the accused is not supplied with the copy of the reason, he would not be in position to confront the handwriting expert properly at the time of trial.
Merely because by the virtue of section 293 of Code of Criminal
Procedure Code, 1973, his report could be admitted in evidence and exhibited without giving evidence before the court that by itself does not mean that the same is to be accepted straightway as a conclusive proof of evidence against the accused, more particularly when it does not contain even a grab of material indicating on what scientific test the opinion was arrived at. Before the report of public analyst can be safely accepted and relied upon the base the order of conviction and sentence, the court may have an opportunity of its own to independently assess and appreciate the same on the basis of scientific test etc.
DNA TEST AND CONSTITUTION OF INDIA
“Privacy” is defined as ‘the state of being free from intrusion or disturbance in one’s private life or affairs’ Constitution of India does not provide explicitly for Right to Privacy as a fundamental right nor there has been any express provision in any other statute but has been inferred from Article 21 of the Constitution of India.
Privacy an Absolute Right?
In Gobind v. State of Madhya Pradesh it was noted that the right to privacy in any event will necessarily have to go through a process of case by case development. Therefore, assuming that even right to personal liberty, the right to move throughout the territory of India and freedom of speech create an independent right of privacy as an emanation from them which one can characterize as a fundamental right, it cannot be said that the right is absolute.