15th September 2025 (15 Topics)
1
Sep
2
Sep
3
Sep
4
Sep
5
Sep
6
Sep
8
Sep
9
Sep
10
Sep
11
Sep
12
Sep
13
Sep
15
Sep
16
Sep
Supreme Court DNA Guidelines
Context
The Supreme Court, in Kattavellai @ Devakar v. State of Tamil Nadu, issued guidelines to maintain the integrity of DNA samples in criminal investigations, addressing delays and contamination risks.
Need for Guidelines:
- Delays in sending vaginal swab samples for DNA analysis and inability to establish chain of custody highlighted risks of contamination.
- Lack of uniform procedures across states prompted Supreme Court intervention, despite “Police” being a State List subject.
Supreme Court Guidelines:
- Collection Documentation: DNA samples must be collected with due care, packaged properly, and documented with FIR details, sections invoked, signatures of medical personnel, investigating officer, and independent witnesses.
- Transportation: Investigating officer must transport samples to police station/hospital and ensure delivery to FSL within 48 hours. Delays must be recorded.
- Storage: Packages cannot be opened, altered, or resealed without trial court authorisation.
- Chain of Custody Register: Must be maintained from collection to final conviction/acquittal and appended to trial court records. Investigating officer accountable for lapses.
Judicial Precedents:
- Anil v. State of Maharashtra (2014): DNA validity depends on laboratory quality control and procedure.
- Manoj v. State of Madhya Pradesh (2022): DNA rejected if contamination likelihood exists.
- Rahul v. State of Delhi, MHA (2022): DNA evidence discarded due to unexplained storage delays.
Importance of DNA Evidence:
- Obtained from blood, hair, saliva, semen, bone, skin.
- Matches can link suspect to crime scene, but DNA is opinion evidence under Section 45 of Evidence Act (Section 39, Bharatiya Sakshya Adhiniyam, 2023).
- Requires scientific and legal validation; not automatically substantive evidence.
More Articles
Courses
Study
Notes
Home
Resources
More