THE STUDY ON RATIONALE FOR THE OPPOSITION TOWARDS ADMISSIBILITY OF DNA AS EVIDENCE IN INDIAN LEGAL REGIME

Abstract

Deoxyribonucleic Acid is a basic genetic material in all human body cells. Each individual has DNA which is different from another. DNA analysis has turned into a typical form of evidence in criminal trials. It is also utilized in civil litigation, particularly in cases involving the determination of Paternity of Identity. The admissibility of the DNA evidence before the court always relies upon its accurate and legitimate accumulation, preservation and documentation which can satisfy the court that the evidence which has been placed in front it is reliable.DNA testing has occupied important position both in criminal as well as civil disputes, even though There is no particular legislation which is available in India which can give explicit guidelines to the investigating agencies and the court, and the procedure to be adopted in the cases involving DNA as its evidence.The several instances prove that various sect of society are against DNA Analysis, when DNA testing welcomed by some sections of society and thus the ambiguity prevails with respect to the conflicting opinion, Hence this research is carried out with an aim to understand and identify the rationale behind the opposition towards the admissibility of DNA as evidence in Indian Legal Regime. By virtue of non probabilityconvenience sampling method and using chi square test and symmetric measures, it could be found out that though a major population accept to the process of accepting DNA as a tool for administration of justice, it is interesting to find out that the younger generation agree in using DNA as a evidence before the court of law as evidence but the older generation doesn’t agree to the same as it is violative of their privacy. Even if right to privacy is brought as opposition under the ambit of admissibility of DNA in court, it is objected only by the older generation and the main reason for such opposition is based on care and quality in performing the DNA tests. The study recommends that awareness must be made to all age groups so that the conflicting opinion may be avoided.