Emerging sciences and technologies have drastically changed human life in our society. The criminal justice administration now depends on scientific evidence in almost all modern judicial systems. DNA profiling is one of the most reliable and authentic tools of forensic science, used for the identification of criminals, victims of offences, and unidentified human bodies from natural and other disasters. It is like a two-edged sword against crime; it identifies the actual wrongdoer on the one hand and prevents punishing the innocent on the other. This paper focuses on the analysis of DNA technology, its use and admissibility and gives some suggestions for the effective implementation of the DNA technology, like; the state is required to have sufficient laws, along with forensic science experts, investigation wings, laboratories, DNA bank and an efficient, transparent, and accountable mechanism of Collection, retention, and removal of DNA sample.

Introduction

THE ENCYCLOPEDIA of Britannica defined the term DNA Profiling as a Method of isolation and identification of variable elements within the base-pair sequence of 'deoxyribonucleic acid'. In the modern criminal investigation system, forensic science is the most crucial and supportive stream of knowledge. It is the application of science to investigation, whether in criminal or civil law. The Collection, preservation, and analysis of crime scene evidence collected during an investigation are the primary responsibilities of forensic science and forensic scientists.1 Toxicology, as a new forensic term, was first explained by Mathieu in about 1787, for criminal investigation. The Bresler indicated that it was in Brussels that the first-ever photograph of a criminal was taken during the Brussels war in about 1843. In France, it was Alphonse Bertillon, who, in the city of Paris, devised the very first technique of scientific identification based on several body measurements of criminals. Thereafter, the technique of fingerprinting was invented at about 1900 A.D. Alphonse Bertillon's efforts in criminal investigation were so valuable because he was called the father of Criminal identification. Sir William Herschel, a Civil Servant in India from the UK and Hennery Faulds are credited for the development of Early investigation at the end of the 1900s. 

The definitive fingerprint study method was first developed by Francis Galton, who wrote a book titled "Fingerprints". This book is famous for its unique approach to individual identification, supported by statistical data. Until the end of the 19th Century, there was no method or technique to identify the source of bloodstains, whether human or animal. The classification of blood was first done by Dr Karl Landsteiner into subgroups, e.g., A, B, AB, and O. Thereafter, it became known that blood groups can be used to identify criminals.

In the modern era of criminal justice administration, in which scientific techniques and innovation contribute immensely to identifying the actual wrongdoer, judicial institutions rely on scientific evidence in almost all legal systems worldwide. Some specific scientific techniques and methods were developed to extract the truth and capture the real criminal. These scientific techniques and methods are Narco-analysis, Brain Mapping and P300. These scientific techniques are being developed to obtain rationally trustworthy evidence for criminal investigation. DNA profiling is one of the most reliable, innovative techniques for identifying the culprit. Sir Alec Jeffery coined the term 'DNA fingerprinting' in 1984. When he was at the University of Leinster, which later became known as DNA profiling, DNA fingerprinting was developed by two different biotechnologists: Karl Mullis from the USA invented the Polymerase Chain Reaction (PCR).6 Alien Jaffrey from the UK discovered DNA fingerprinting. At the University of Lancaster, further, in 1984, the use of DNA fingerprinting was developed by Alec Jeffreys to identify and distinguish an individual from another.

Deoxyribose Nucleic Acid (DNA)

In The Encyclopaedia of Britannica, the term DNA Profiling is defined as a Method of isolation and identification of variable elements within the base-pair sequence of 'deoxyribonucleic acid'. In everyday language, it is referred to as DNA, which represents the genetic material of living beings, whether animal or plant. DNA is known as the 'building block of inheritance'. As the body of a living being is made of numerous cells, each cell has a perfect set of chromosomes. These chromosomes contain DNA molecules, proteins, ribosomes, and Golgi bodies as well.10 The genetic information in DNA is stored in the form of code, which is made up of chemical bases, namely adenine, guanine, cytosine, and thymine. The human DNA consists of about 3 billion

bases wherein 99% of the bases are the same in all human beings, and only about 1 per cent of the DNA bases are unique. This 1 per cent of DNA is called coding DNA, and the other 99 per cent is called non-coding DNA. DNA information is certainly unique to each human being; the data is stored in genes called polymorphic genes, located within a DNA molecule known as the polymorphic site.

By following the process of isolation of DNA molecules contained in a biological sample, such as semen stains, hair, skin, saliva, etc.14 It can be identified which individual the source of the DNA is found in the biological sample. The DNA code is Identical in each cell of the human body, and the human body is made up of numerous cells.

History of DNA Profiling in Criminal Investigation

DNA was first used in the UK in the case of R v. Colin Pitchfork15, who raped and killed a girl aged 15 years. The court awarded a life sentence in 1988 after mass screening using the pioneer DNA profiling. The Multi Locus Probe (MLP) technique was used at that time, yielding a visual result as a pair of parallel bands on the photographic plate.

In Andrew v. State of Florida16, DNA evidence was admitted as strong evidence, along with the accused's fingerprints, who was involved in the crime in 1988. Further, in the matter of People of the State of New York v. Joseph Castro, the court developed three tests to determine whether DNA evidence is admissible. These are:

1. Is there a generally accepted theory amongst the scientific community that supports the conclusion that DNA forensic testing can produce a reliable result?

2. Is there a technique or experiment that can reliably produce results in DNA identification and is generally accepted in the scientific community?

3. Did the testing laboratory follow accepted scientific methods in analyzing the forensic sample in this case?

It is a forensic technique used to identify individuals based on their DNA profiles. Despite challenges, DNA profiling has been proven as a powerful technique for criminal investigation. The use of this technique is not free from challenges and conflicts. Privacy, confidentiality, and surveillance are the main threats to the procedure. The privacy and dignity of individuals have been regarded as the foundation of Human rights, not only in the Universal Declaration of Human Rights19, but also in the Indian Constitution and in many other international conventions. DNA Profiling is the most objective, unbiased, and practically accurate technique in comparison to other techniques of examination in criminal investigations.

DNA profiling is an accurate and reliable technique that enables distinguishing one human being from another by comparing and analyzing the genetic material obtained. The method of DNA profiling cannot determine the DNA patterns of identical twins or clones. This is because DNA is found in 46 chromosomes, having 23 pairs; each pair comprises one chromosome from the mother and the other from the father. Thus, except in identical twins, DNA patterns were unique to every human being.

DNA Profiling and Human Rights

The right that a man or woman has to be a human being is called Human rights. The Universal Declaration on Human Rights, the International Convention on Civil and Political Rights, and the International Convention on Social, Economic and Cultural Rights are the basic international conventions that give the concept of human rights greater precision. The significant and devastating events of the First and Second World Wars, which shaped human civilisation, forced the human conscience to emphasise justice, equality, and liberty at the international, national, and individual levels. The Constitution of India incorporates civil and political rights as fundamental rights in Part III and socio-economic rights as directive principles, which are not enforceable but serve as a role model for governance.

Privacy as a human right is a first-generation Human Right. The three themes of human rights inspired the French Jurist Karel Vasak during the French Revolution: liberation (civil and political rights), equality (socio-economic and cultural rights), and fraternity (group or solidarity rights). These are called the three generations of human rights, respectively. The first generation of human rights is civil and political in nature and imposes a negative obligation only on the state and its agencies. Universal Declaration of Human Rights provides that no one shall be subjected to arbitrary interference with their privacy, family, home, or correspondence. Article 17 of the International Convention on Civil and Political Rights protects against arbitrary interference with his privacy, family, or correspondence. Human rights, as defined in section 2(d) of the Protection of Human Rights Act 1993, mean the rights relating to life, liberty, equality, and dignity of individuals, guaranteed by the Constitution or embodied in any international covenant or convention, and enforceable by the court in India.

Admissibility of DNA Profiling in the USA

In the United States of America, two rules govern the admission of novel DNA profiling as evidence to determine whether an accused person is guilty or innocent of any crime. The two tests are -

1. Frye Test, which was propounded in the matter of Frye v. the United States31 and

2. Daubert Standard or Federal Rule of Standard That was propounded in the Daubert v. Merrell Dow Pharmaceuticals Inc.

In the criminal justice system, where new scientific techniques are contributing and continue to contribute immensely to identifying the actual wrongdoer, the judicial institution now relies on scientific evidence in almost all modern judicial systems worldwide. Narco-analysis, Brain Mapping and P300 are some modern scientific techniques being developed to obtain rationally trustworthy evidence for capturing the real criminal. DNA profiling is one of the most trustworthy scientific technique for gathering reliable evidence to identify real culprits. It would not be wrong to say that there will be an outstanding achievement in criminal justice administration if we properly implement DNA profiling. Cases based on circumstantial evidence can be easily solved with forensic science techniques. The result of DNA profiling is dependable, more accurate, and scientific. The need is to create the required scientific, technical, and legal infrastructure to ensure protection against breaches of privacy and human rights, such as the leakage of genetic confidentiality, which hampers individual autonomy. Scientifically advanced nations have specific laws governing the application of DNA technology in criminal justice administration. DNA profiling in a criminal investigation does not violate the right to privacy enshrined under Article 21 of the Constitution of India.

DNA evidence is admissible in Section 45 of the Indian Evidence Act as scientific expert opinion. The Code of Criminal Procedure (Amendment Act, 2005) has also included DNA profiling in the examination of the accused in criminal investigations under sections 53 and 53A of the Code of Criminal Procedure, 1973. But India does not have any specific legislation regulating the use of DNA profiling in criminal administration. Although the government of India has also prepared a DNA profiling Bill in line with the Police and Criminal Evidence Act, 1984, and the DNA Identification Act. 1994 (US), Crime Forensic Procedure Act, 2000 (Australia), and DNA Identification Act, 2000 (Canada). The Bill has invested the court with the power to make an order for carrying out forensic DNA testing in a non-consenting case involving the accused. Thus, the Bill contains central ambiguities that could enable the state machinery to abuse individuals' fundamental rights during the implementation of the DNA technique in the criminal justice system. 

Based on the above discussion, the authors are submitting the following suggestions:

1. There should be specific legislation covering the regulation of DNA technology in criminal justice administration.

2. The admissibility of DNA evidence should be recognized as an expert opinion under the Evidence Act 1872.

3. Right to privacy is a fundamental right under Article 21 of the Constitution of India. While implementing the technique of DNA profiling in criminal justice administration, it

It must be ensured that the privacy rights are not compromised in the Collection and deletion of biological samples, as well as in DNA profiling.

1. Proper and trained, scientifically equipped investigation authorities must be established at the district level.

2. To ensure transparency and prevent misuse of DNA-related data, a proper monitoring agency must be established to oversee the Collection, preservation, analysis, and removal of such data.

3. For proper utilization of DNA technology in criminal justice administration, the proposed law should provide for the Constitution of forensic science experts, investigative wings, laboratories, and a DNA bank, and for an efficient, transparent, and accountable mechanism for the Collection, retention, and removal of DNA samples.

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