LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS
AUTHOR – DEEKSHA DEEP.S* & MS. HEMAVATHY**
*STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI
** PROFESSOR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI
BEST CITATION – DEEKSHA DEEP.S & MS. HEMAVATHY, LEGAL CHALLENGES OF DNA EVIDENCE ADOPTION IN INDIAN COURTS – A CRITICAL EXAMINATION OF EVIDENTIARY, CONSTITUTIONAL, AND INSTITUTIONAL DIMENSIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 449-457, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BKZF6980
ABSTRACT
The progressive integration of deoxyribonucleic acid (DNA) evidence into criminal adjudication represents one of the most significant forensic advancements of the modern era. In India, however, this integration has proceeded far more tentatively than in comparable common law jurisdictions, owing to a confluence of legislative gaps, constitutional anxieties, institutional limitations, and deep-rooted societal apprehensions. This article offers a systematic analysis of the principal legal obstacles confronting the adoption of DNA evidence in Indian courts. It maps the current statutory landscape—spanning the Bharatiya Sakshya Adhiniyam, 2023,[1] the Bharatiya Nagarik Suraksha Sanhita, 2023,[2] and recent statutory developments such as the DNA Technology (Use and Application) Regulation Bill, 2019[3]—against the constitutional guarantees enshrined in Articles 20(3), 21, and 14 of the Constitution of India.[4] The article examines judicial attitudes toward DNA evidence, explores issues of consent, chain of custody, laboratory accreditation, and the risks of wrongful profiling, and situates the Indian predicament within a broader comparative framework. It concludes that a constitutionally calibrated, rights-sensitive legislative architecture is an urgent necessity if India is to harness the probative power of DNA evidence without sacrificing the values of personal liberty and equal protection .
Keywords: DNA evidence, Bharatiya Sakshya Adhiniyam, Bharatiya Nagarik Suraksha Sanhita, forensic science, privacy rights, chain of custody, DNA Technology Bill 2019, constitutional law, criminal justice