Science On Trial: A Critical Study of The Role of DNA And Forensic Evidence in Indian Courts

Abstract

This paper critically examines the legal, procedural, and constitutional dimensions of DNA and forensic evidence in the Indian criminal justice system. It explores the statutory framework, including the Indian Evidence Act, 1872, and the Criminal Procedure Code, 1973, alongside emerging legislative efforts like the DNA Technology (Use and Application) Regulation Bill, 2019. Judicial attitudes have evolved from cautious admissibility to increasing reliance on DNA, with key rulings such as Krishna Kumar Malik v. State of Haryana, 2011, and Mukesh v. State (NCT of Delhi), 2017 affirming its probative value. However, procedural lapses, infrastructural inadequacies, and ethical dilemmas persist. The study identifies systemic weaknesses such as lack of standardization, delays in forensic labs, and the risks of treating DNA evidence as infallible. Drawing from Indian and international jurisprudence, the research proposes reforms focused on consent, privacy, expert training, and institutional accountability to align scientific practices with constitutional mandates and ensure fair trials.