Forensic Evidence And Right To Privacy
2 years, 3 months ago

Forensic Evidence And Right To Privacy

Live Law  

The Indian Evidence Act, 1872 is one of the oldest legislations in our country. A three judge bench of the Hon'ble Supreme Court in Mukesh and Anr v. State observed that DNA technology as a part of Forensic Science and scientific discipline not only provides guidance to investigation but also supplies the Court accrued information about the tending features of identification of criminals. The Supreme Court and the various High Courts have time and again trusted the opinion of experts on DNA test and relied heavily even while granting death penalty. In Dipanwita Roy v. Ronobroto Roy, the Supreme Court held that DNA testing is the most legitimate and scientifically perfect means to establish the assertion of infidelity. Balancing Accused's Right To Privacy And Victim's Right To Get A Fair Trial In Dipanwita Roy v. Ronobroto Roy, the Supreme Court held that when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed.

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History of this topic

Sniffer Dogs:The Science, Investigations And Law Of Evidence
1 year ago

Sniffer Dogs:The Science, Investigations And Law Of Evidence

Live Law  

Transitioning from being man's best friend, to a crucial ally in the pursuit of justice, in the intricate realm of criminal investigations, the loyal companion took on a new role-the sniffer dog. However, the Supreme Court has, in a cantena of cases, held that while the services of a sniffer dog may be taken for the purpose of investigation, its …

Conviction Cannot Be Based Only On DNA Report When Ocular Evidence Does Not Support It: Bombay High Court
1 year, 9 months ago

Conviction Cannot Be Based Only On DNA Report When Ocular Evidence Does Not Support It: Bombay High Court

Live Law  

The Bombay High Court recently held that DNA test report cannot be solely relied on for conviction when the ocular evidence does not support it. “When the ocular evidence was not supporting, conviction ought not to have been based only on the DNA test report i.e. A bench of Justice Vibha Kankanwadi and Justice Khobragade sitting at Aurangabad set aside …

Demand grows, but DNA tests fall under a grey area
2 years, 2 months ago

Demand grows, but DNA tests fall under a grey area

The Hindu  

Deoxyribonucleic acid or DNA tests occupy a grey area in the quest for justice, vacillating between the dangers of slipping into self-incrimination and encroachment of individual privacy and the ‘eminent need’ to unearth the truth, be in the form of evidence in a criminal case, a claim of marital infidelity or proving paternity. The Supreme Court has recently held — …

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute
2 years, 5 months ago

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the lower court rejecting an application for compelling an individual to undergo a DNA Test in an ongoing suit for partition. The Court held that the presumption provided under Section 112 of the Evidence Act is rebuttable and that the Petitioner would get every opportunity to rebut the …

Section 112 IEA, And The DNA Test: Dissecting The Law
4 years, 4 months ago

Section 112 IEA, And The DNA Test: Dissecting The Law

Live Law  

Section 112 of Indian Evidence Act, 1872, which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Further, if a person declines to comply with the directions issued by court, a presumption of the nature contemplated in Section 114 illustration of the Act could be taken, …

Forensic Science In The Dock: The Questions We Are Not Asking
4 years, 4 months ago

Forensic Science In The Dock: The Questions We Are Not Asking

Live Law  

Dr. Salunkhe, the all-round expert from the popular series CID, was arguably one of the most iconic characters on Indian television. This scientific review has even led to the discrediting of certain forensic techniques like bitemark analysis, which has markedly changed the judicial scrutiny of such evidence in many jurisdictions. The importance of examining the scientific validity of forensic evidence …

Let it be a deterrent, castrate the guilty
5 years, 1 month ago

Let it be a deterrent, castrate the guilty

Deccan Chronicle  

As expected, the whole country is livid and agitated over the number and nature of rape cases - one more horrifying than the other. Unfortunately, the conviction rate in rape cases is exceedingly low because our centuries old legal system wants crude evidence such as eye witnesses etc. Specialist training will have to be imparted to a rapid action investigative …

DNA Forensics: Bridging the Knowledge Gap to Enhance Justice Delivery in India
7 years, 2 months ago

DNA Forensics: Bridging the Knowledge Gap to Enhance Justice Delivery in India

Live Law  

A live panel discussion titled 'Where's The DNA?' was held in New Delhi to discuss the imperative need to build conviction, exonerate the innocent and solve crime in the Indian criminal justice system. Experts from various fields, including law enforcement, judiciary, forensics, victim advocacy, academia and media, participated in the discussion. The discussion focused on the lack of specific provisions …

DNA Evidence: A Crucial Ingredient for Fair and Just Investigations and Trials
7 years, 2 months ago

DNA Evidence: A Crucial Ingredient for Fair and Just Investigations and Trials

Live Law  

The Supreme Court of India has reiterated the importance of fair investigation and trial in a criminal case. Fair investigation and trial are essential for the preservation of fundamental rights of an accused person under Article 21 of the Constitution of India. The court can play a supervisory role in ensuring fair investigation by passing appropriate judicial orders giving directions …

DNA Technology: A Crucial Amendment Needed for Indian Legal System
7 years, 2 months ago

DNA Technology: A Crucial Amendment Needed for Indian Legal System

Live Law  

The article highlights the urgent need to amend the Code of Criminal Procedure and the Indian Evidence Act to incorporate provisions related to DNA technology. The introduction of DNA testing has revolutionized criminal investigations, but it also raises significant legal and constitutional challenges. The article emphasizes the importance of ensuring the accuracy and reliability of DNA evidence, particularly in cases …

DNA Forensics: A Crucial Debate on Justice Delivery in India
7 years, 2 months ago

DNA Forensics: A Crucial Debate on Justice Delivery in India

Live Law  

A panel discussion on the topic of DNA forensics in India will take place on October 31 (Tuesday) at the Indian Law Institute in New Delhi. The discussion will feature experts from policy, law enforcement, legal, forensics, and victim advocate groups. The aim of the event is to address the challenges and opportunities in DNA casework expansion in India.

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