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FORENSIC SCIENCE S IMPACT: DNA TESTS AND NARCO-ANALYSIS
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FORENSIC SCIENCE'S IMPACT: DNA TESTS
AND NARCO-ANALYSIS
AUTHORED BY - ASHWINI DATTATREYA DAGDE
Modern Law College,
Ganeshkhind, Pune, Maharashtra 411007
Academic Year 2022-23
Ll.M. 2nd Year
INTRODUCTION
'Forensic
science,' after all these years, is the backbone and cosmetic utility of the
investigative agencies, completing the formality of the legal procedure and
satisfying the lay public. To please the curious
and demanding media and citizenry, it is only highlighted and remembered
when significant or
newsworthy crimes occur. In India, forensic science is stagnant and stunted in
comparison to other fields of science and technology. It is not being used in
its entirety to assist law enforcement authorities and the criminal justice
system in their investigations. The advantages of refining, regulating, and
reorganizing forensic science in comparison to other technologies are evident
since it effectively aids law enforcement authorities in criminal investigations
and provides proactive support plus it also led to improvement in Internal security,
aid in criminal justice administration, and reducing the chance of false
conviction/exoneration. Finally, discussions regarding the scientific method
and the admissibility of such evidence in criminal prosecutions eclipsed the debate over possible violations of
fundamental human rights. As a result, there has
been a paucity of critical discussion about how scientific advances are eroding
civil freedoms. The disputes on the development of forensic DNA and Narco analysis
are revisited in this work. It draws similarities with current events and
examines the possibilities for existing and future human rights violations,
emphasising that the libertarian model provides a vital counterpoint to the other arguments
by emphasising the need for basic rights preservation.
DNA TEST
Meaning:
DNA
(Deoxyribose Nucleic Acid is abbreviated as DNA. It's an organic material
contained in every living cell that offers each person a unique genetic
blueprint. It may be extracted from a wide
range of materials, including. Blood, saliva, sperm, hair, urine, bodily
fluids, bones, and organs are just a few examples) profiling is one of the
forensic methods that require the ability to match samples with a high degree of precision in terms
of attributes that can assist distinguish one source from another. Scientifically acceptable processes must allow for
the reliable
measurement and comparison of physical traits if such evidence is to be used in
court. Similarly, there must be a scientific foundation for
establishing that carefully conducted comparisons can identify possible
sources. Except for identical twins, DNA testing is very effective since everyone's DNA is
unique. The most important feature of DNA is that it is so unique to each and
every individual that it cannot be messed with. DNA testing can be used to
determine a child's
parentage, discover crimes, and identify disfigured bodies. They are extremely beneficial in the
administration of criminal justice as well as in various civil matters such as
succession and inheritance.
Types of DNA testing
procedures:
Such
testing systems may be divided into two categories. Restriction Fragment Length
Polymorphism (RFLP) and Polymerase Chain Reaction (PCR) testing are the two
types of tests. In general, the RFLP testing
technique necessitates a higher volume of DNA, which must be free of contamination in order to
get accurate findings. RFLP testing is not suitable for tiny amounts of DNA samples, whereas
PCR testing requires a lesser amount of DNA samples. However, because this is such a sensitive test, even the tiniest
pollutants at the crime scene might change or impact the results. Because it
takes a significantly higher amount of DNA, RFLP is not as widely utilised as
it previously was due to the emergence of modern and more efficient DNA analysis techniques.
Furthermore, RFLP does not operate well with samples that have been compromised
by environmental factors such as dirt or mold. The RFLP test has now been superseded with PCR-based testing. It is
essentially an amplification technique since a small amount of material may be
amplified to the desired quantity. It entails repeated replications of the target region.
The admissibility of DNA
evidence in court is always reliant on its completeness and accuracy collection, preservation, and
recording, which might persuade the court that the evidence presented is tFurthermore, the
Indian Evidence Act of
1872 and the Code of Criminal Procedure of 1973 include no special provisions for dealing with
science and
technology concerns. Due to the lack of such a provision, an investigation
officer has a difficult
time gathering evidence that requires contemporary mechanisms to show the
accused person's
guilty.
A
police officer may obtain the help of a medical practitioner in good faith for
the purpose of an inquiry under Section 53
of the Code of Criminal
Procedure 1973. However, it does not allow a complainant to collect blood,
sperm, or other evidence in order to file criminal charges against the accused.
The CrPC (Amendment) Act, 2005 added two new provisions to the CrPC, allowing
the investigating officer to take DNA samples from the bodies of the accused
and victim with the assistance of a medical practitioner. These provisions
allow a medical practitioner to examine a person suspected of rape, as well as
a medical check of the rape victim.
USES
OF DNA TESTING
In
a criminal setting, similar tests could be necessary after sexual assaults, for
example, to identify the father of a child born as a consequence of the alleged
attack. In circumstances
involving hidden births,
neglected children, child swapping, or infanticide, this test can also be
utilized to determine that
the two persons are genetically related. A DNA test is highly valuable in a
civil action involving claims for monetary support and maintenance of a child
by an estranged partner.
CASE
LAWS
Pantangi
Balarama Venkata Ganesh v State of Andhra Pradesh - In this case, the
admission of DNA as a piece of evidence in a
rape case was questioned, and it was decided that it is admissible in a court of law in
general, but subject to specific concerns that need the judge's discretion.
Kathi
Kalu Oghad case– In this case, it was determined that
giving body extraction does not constitute self-incrimination
because self-incrimination was raised in relation to section 139 of the Indian Evidence Act, and it
was determined that incrimination occurs when knowledge is revealed through oral testimony, and physical body extractions do not
constitute self incrimination.
RELATED
PROBLEMS
Some
legal and basic rights of an individual, such as the "Right to
Privacy" and "Right against Self-Incrimination," have been
seriously harmed by DNA technology. And it is for this reason that courts are
often hesitant to accept DNA-based evidence. The Indian Constitution's Right to
Life and Personal Liberty, or Article 21, includes the Right to Privacy, and
Article 20(3) gives the Right against
Self-Incrimination, which prevents an accused person in criminal situations from producing evidence
against himself or evidence that might convict him. However, the Supreme Court has ruled on different occasions that the
right to life and personal liberty are not absolute rights.
In
India, there is no proper regulation that gives precise instructions to work
agencies and courts, as well as the method to
be followed in situations using deoxyribonucleic acid as evidence. Furthermore,
certain regulations allow for caregiver evaluation of the rape defendant as well as several
examinations of the rape victim. ? The truth is that today's Indian criminal
forensic investigations and the policing system are riddled with
inefficiencies, old outdated rules and practices, a lack of professionalism and
even integrity, and an inability of a top-down approach to planning and
execution, which is critical in the current situation.
NARCO-ANALYSIS
Meaning:
Narco
analysis is derived from a Greek word NARKE, which means anesthesia or trance,
and was used to describe a diagnostic psychotherapeutic technique that uses
psychotropic drugs to induce a stupor suspension or
great diminution of sensibility, a state in which mental elements with strongly associated effects come to the surface and can be
exploited by the therapist (or investigating agency). Lie
Detector Testing or Truth System Testing are other names for the Narco analysis
exam. Bypassing the serum, the individual is put into an unconscious condition and
is free to utter anything that comes to mind. In a variety of circumstances,
advanced technology
requires two professions, law, and science, to collaborate.
Main Aim of Narco Analysis:
The
goal of the Narco analysis exam is to eliminate a person's ability to lie
through his imagination. However, once the
individual enters the subconscious level, this imagination is neutralized. As a result, it is
assumed that the individual is incapable of lying and that whatever he says is
genuine.
The Indian Scenario:
Only
a few democratic countries, most notably India, still utilize narco analysis.
The people and the media in that country are increasingly critical of this. In
most developed and/or democratic nations, narcotics analysis is not openly
authorized for investigation reasons. An anesthesiologist,
a psychiatrist, a clinical/forensic psychologist, an audio-videographer, and
accompanying nursing
personnel performs the narco analysis test in India. The forensic psychologist
will write a report on the disclosures, which will be supported by an
audio-video compact CD. If required, the intensity of the revelations is
further validated by administering polygraph and brain mapping tests to the
person. In India, narcotics analysis is increasingly being used in
investigations, court hearings, and laboratories. It does, however, create
significant scientific, legal, and ethical concerns. Before the practice
spreads further, these issues must be addressed immediately. Narco analysis has
become an increasingly frequent word in India, possibly frighteningly so. It is
a type of psychotherapy that involves creating a sleep-like condition in a
person with the use of barbiturates or other medicines
CONSTITUTIONALITY
OF NARCO ANALYSIS
When
it comes to the constitutional status of these tests, fingerprinting and
ballistic reports are to be deemed constitutional, but
when it comes to the conclusiveness of narco analysis and brain mapping in
terms of their constitutional status, it is still in dispute. The most pressing
constitutional problem is the implementation of the narco test in respect to
the accused, which involves a breach of his constitutional rights under
Articles 20(3) and 21. Article 20(3), often known as the right against self-incrimination
Because of Article 20(3) is separated into two parts:
First, it
is the right that a person accused of a crime has; and second, it is the right
that a person accused of a crime has.
Second,
it is a safeguard against being forced to testify against him. In light of
limiting Article 20(3), the Malimath Committee report said that the criminal
conviction rate is at a dismal 6%, owing mostly to proof beyond a reasonable
doubt
The
evidentiary value of Narco Analysis - Scientific tests are
covered under explanation (a) of sections 53, 53A, and 54 of the Code of
Criminal Procedure. Explanation (a) "examination" means the
examination of blood, blood stains, semen, swabs in cases of sexual offenses, sputum
and sweat, hair samples, and fingernail clippings using modern and scientific techniques
such as DNA profiling and any other test that the registered medical
practitioner deems necessary in a particular case. Though it is legal to
perform these medical tests on the accused under sections 53, 53A, 54 of the
CrPC. However, the explanation of these parts does not include some other types of medical examination that
need testimonial actions, such as psychiatric examination, polygraph, and BEAP
test, among others.
ADVANTAGES
? Looking at the current miserable state
of society in terms of criminals, crime rate, and harm
innocent people, it appears that now is the time to look at measures to lessen this.
? To aid investigative authorities, there
is a need to develop a set of scientific techniques that can be used to find evidence even when there is
complete darkness. The conventional way of getting information through torture
is horrible because it violates people's rights while also being a blight on
society.
? It is feasible by providing rich
technologies to investigating agencies, one of which is narcotics
analysis.
? Although the evidence obtained through
this procedure may be deemed untrustworthy, it can be utilized to
get admissible evidence, confirm other evidence, or support other evidence.
? Traditional techniques for extracting
truth from the accused via third degree, which is especially
severe and infringes on people's rights, can be replaced by scientific techniques
such as narco-analysis tests.
PROBLEMS
? If the person is drug-addicted, then
the process will be not as successful as needed for extracting
truth and collecting evidence.
? A confession made while a person is in
police custody is not admissible as evidence, according to
Section 25 of the Indian Evidence Act, 1872. It implies that there is a chance
that evidence will be inadmissible. The Narco-analysis test will be considered
a legitimate confession if it is
administered in the presence of a magistrate.
? Article 20 of the Indian Constitution
plainly states that no individual should be a witness against
oneself, the procedure may be declared a violation of the Constitution's fundamental rights.
? The information is gathered by the
subject while they are semiconscious, the question of the
subject's information's trustworthiness might be questioned.
CASE
LAWS
State
of Gujarat v Anirudh Singh- The Supreme Court held in State of Gujarat v
Anirudh Singh that it is the statutory duty of every witness who's had knowledge
of a crime to aid the state in giving evidence, and it
appears justified that if a person refuses to provide information that is necessary for investigation purposes, an adverse impression must
be made against them, and this would not violate
Article 20. (3). In this approach, the court struck a compromise between
constitutional protection and narco-analysis.
Dharampal
v State-The Supreme Court ruled in Dharampal v State that the criminal justice system cannot work effectively if members of society
refuse to cooperate with investigators. As a result, it is everyone's job to
aid the state in enforcing criminal justice, and no one may avoid social
responsibility by withholding criminal facts under the guise of the right to
privacy, which is not an absolute right.
CONCLUSION
Medical
and forensic evidence is widely acknowledged as playing a critical role in
assisting courts of law in reaching
reasonable findings. As a result, competent medical practitioners should be
encouraged to engage in medicolegal work, while the courtroom environment
should be welcoming to
medical witnesses. When it comes to the outcome of a case, this is critical
because if good specialists fail to appear in court, less objective professionals
will fill the hole,
influencing justice. Different organizations have recognized the necessity to
include more and more specialists in expert testimony. For criminal
investigations, narco-analysis and DNA testing have shown to be useful and
helpful technology that has a significant impact on both the innocent and the guilty,
speeding up the process of justice. This criterion should not be utilized in all situations, but
only when the interests of society as a whole are at stake. To replace the brutal
third-degree approach, more refined and sophisticated questioning procedures
are required. The norms of the criminal process, evidence, and institutional
infrastructure, which were
created over a century ago, are now determined to be insufficient to fulfill
the expectations of the scientific community. rustworthy. In India, there is no
explicit legislation that may offer precise directions to investigative
agencies and courts, as well as the method to be followed in instances requiring DNA as evidence.
Article Information
FORENSIC SCIENCE S IMPACT: DNA TESTS AND NARCO-ANALYSIS
Authors: ASHWINI DATTATREYA DAGDE
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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