What do SC guidelines say on DNA?, Pg10

Key Highlights:

• The Supreme Court issued guidelines in the Kattavellai @ Devakar v. State of Tamil Nadu case to maintain the integrity of DNA samples in criminal cases.
• The court directed Director Generals of Police of all states to prepare sample forms for the Chain of Custody Register and other necessary documentation.
• The guidelines address issues such as delays in sending samples for DNA analysis and the inability to establish the chain of custody.
• The Supreme Court emphasized the need for uniformity in procedures despite 'Police' and 'Public Order' being State List subjects.

Detailed Insights:

• The guidelines mandate proper documentation during DNA sample collection, including signatures of medical professionals, investigating officers, and independent witnesses.
• Investigating officers are responsible for transporting DNA evidence to the police station or hospital and ensuring it reaches the FSL within 48 hours of collection, with reasons recorded for any delays.
• Stored samples pending trial or appeal cannot be opened, altered, or resealed without express authorization from the trial court.
• A Chain of Custody Register must be maintained from the time of collection to the conclusion of the case, and any lapses in compliance must be explained by the investigating officer.
• The Supreme Court has previously rejected DNA reports due to potential contamination, disintegration of samples, or delays in transferring evidence.
• DNA evidence is considered opinion evidence under Section 45 of the Evidence Act (Section 39 of the Bharatiya Sakshya Adhiniyam, 2023) and must be proven scientifically and legally.

Key Concepts Involved:

• DNA (Deoxyribonucleic acid): A molecule encoding genetic information in living organisms, obtainable from biological materials.
• Chain of Custody: The documented process tracking the handling and storage of evidence to maintain its integrity.
• Forensic Science Laboratory (FSL): A laboratory that examines physical evidence collected from crime scenes.
• Evidence Act: A legislation governing the admissibility and relevance of evidence in Indian courts.