Indian Supreme Court Sets New Standards for DNA Evidence Integrity

The Supreme Court has issued new guidelines for handling DNA evidence, focusing on strict protocols for collection, transportation, and chain of custody to prevent contamination and legal challenges.

Simplyforensic
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A visual representation of DNA strands and justice, highlighting the intersection of forensic science and legal reform.

For forensic science professionals in India, DNA evidence is a powerful tool, but its legal standing in court has always been a point of contention. While a DNA profile can be a crucial link in a criminal case, it is not considered “substantive evidence.” It’s merely an “expert’s opinion” under the new Bharatiya Sakshya Adhiniyam, 2023. This means its value hinges entirely on its integrity. In a landmark move, the Supreme Court, in the recent case of Kattavellai @ Devakar v. State of Tamil Nadu, has directly addressed this issue by issuing four critical guidelines to maintain the integrity of DNA samples. This judgment is a significant step towards standardizing procedures and ensuring this vital evidence holds up in court.

Why the New Guidelines Were Necessary

The Supreme Court’s direction was a response to long-standing procedural failures that often compromise DNA evidence. The Court noted a history of unexplained delays in sending samples to Forensic Science Laboratories (FSLs) and a general lack of a formal, uniform procedure for handling evidence. Previous judgments, such as in the cases of Manoj v. State of Madhya Pradesh and Rahul v. State of Delhi, had already rejected DNA reports due to the possibility of contamination and tampering. The new guidelines are a direct attempt to fix these systemic issues.

The Four New Guidelines

To address these vulnerabilities, the Supreme Court has laid down a clear set of rules for all investigating agencies and FSLs.

  1. Procedure for Collection: The collection process must be meticulously documented. The document must include the signatures and designations of the medical professional, the investigating officer, and independent witnesses. This adds a crucial layer of accountability from the very beginning.
  2. Transportation: The investigating officer is now responsible for the safe and secure transport of the sample. Crucially, samples must reach the concerned FSL within 48 hours of collection. If there is any delay, the reasons must be documented to maintain transparency.
  3. Handling of Samples: Once collected and packaged, a sample is to remain sealed and unaltered while in storage. No package can be opened or resealed without express authorization from the trial court, directly preventing tampering.
  4. Chain of Custody Register: This is perhaps the most critical rule. A register must be maintained from the moment of collection until the case concludes. This register must be appended to the trial record, and the investigating officer is responsible for explaining any lapses in its compliance.

How This Impacts the Indian System

Why This Is a Game-Changer

These new guidelines are a major victory for the entire criminal justice system. They take the scientific principles we follow in the lab—like minimizing contamination and documenting every step—and formalize them in the legal framework. By mandating a documented chain of custody and strict handling protocols, the Supreme Court is directly addressing the very issues that have led to DNA evidence being dismissed in court. This makes our work more legally defensible and strengthens the entire process, from crime scene to courtroom. It also places a clear responsibility on both the police and FSLs to work in a coordinated, accountable manner.

The Fine Print

While these guidelines are a huge step forward, their effectiveness will depend on consistent implementation across the country. Enforcing the 48-hour transportation rule and ensuring that every police station, medical professional, and FSL staff member fully understands the importance of the Chain of Custody Register will be a significant challenge. This calls for substantial investment in training and resources for both law enforcement and forensic labs to ensure nationwide compliance.

My Perspective

As a forensic DNA expert, the integrity of a sample is everything. My entire analysis hinges on the assumption that the DNA I receive has not been tampered with or contaminated. A compromised sample can lead to unreliable results and, in a worst-case scenario, a wrongful conviction or the release of a guilty person. These guidelines are a welcome reinforcement of the scientific rigor we already practice. It’s comforting to know that the legal system is now putting the same level of emphasis on the procedural safeguards that we in the scientific community have long known are vital for reliable and trustworthy evidence.

Conclusion

The Supreme Court’s new guidelines mark a turning point in the use of DNA evidence in India. By establishing clear, uniform procedures, they not only protect the integrity of the evidence but also reinforce public trust in both forensic science and the legal system. This is a powerful step towards ensuring that the full truth of the science can be presented in court, free from procedural doubt.

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Forensic Analyst by Profession. With Simplyforensic.com striving to provide a one-stop-all-in-one platform with accessible, reliable, and media-rich content related to forensic science. Education background in B.Sc.Biotechnology and Master of Science in forensic science.
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