(GS Paper 2: Governance | GS Paper 3: Science & Technology, Internal Security | Prelims Relevance)
Context:
The Supreme Court of India, in the case Kattavellai @ Devakar v. State of Tamil Nadu, has laid down comprehensive guidelines to ensure the integrity, preservation, and proper handling of DNA evidence in criminal investigations. The move aims to address procedural lapses that often compromise the credibility of forensic evidence in trials.
Key Points
- Uniform DNA Protocols Across States:
The apex court directed Director Generals of Police (DGPs) in all states to develop standardised sample forms for maintaining the Chain of Custody Register and other relevant documentation. - Addressing Common Issues:
The guidelines were framed to tackle frequent problems such as delays in sending samples for DNA analysis and the failure to establish an unbroken chain of custody, which can weaken the evidentiary value of DNA results. - Need for Uniformity:
Despite ‘Police’ and ‘Public Order’ being State List subjects, the Court underscored the importance of nationwide uniform procedures to uphold the reliability of forensic evidence in criminal cases.
Detailed Insights
- Proper Documentation:
During DNA collection, documentation must include signatures of the medical officer, investigating officer, and at least one independent witness to ensure transparency and authenticity. - Time-Bound Transfer:
- Investigating officers are responsible for ensuring that DNA samples reach the Forensic Science Laboratory (FSL) within 48 hours of collection.
- Any delay must be explained in writing, with reasons recorded in official documents.
- Sample Preservation:
DNA samples pending trial or appeal cannot be opened, tampered with, or resealed without explicit permission from the trial court. - Chain of Custody Register:
A continuous custody record must be maintained from the time of collection until the final disposal of the case. Any deviations from procedure must be justified by the investigating officer. - Past Judicial Observations:
The Supreme Court had earlier rejected certain DNA reports due to sample contamination, deterioration, or unexplained delays in transmission, underscoring the need for strict procedural compliance. - Legal Standing of DNA Evidence:
DNA analysis is treated as expert opinion evidence under Section 45 of the Indian Evidence Act, 1872 (corresponding to Section 39 of the Bharatiya Sakshya Adhiniyam, 2023). Hence, its scientific and legal validity must be properly established before being relied upon in court.
Significance:
These guidelines strengthen the forensic framework in criminal investigations, ensuring that DNA evidence remains credible, scientifically sound, and legally admissible. This marks a major step toward modernising India’s criminal justice system through standardised forensic procedures and accountability mechanisms.