What is the relevance of the DNA tests in India? After Sheena Bora’s murder case analyze the relevancy of DNA evidence as corroborative evidence and circumstantial evidence.

Question: What is the relevance of the DNA tests in India? After Sheena Bora’s murder case analyze the relevancy of DNA evidence as corroborative evidence and circumstantial evidence. [UPC.I. 2016]

Find the answer to the mains question of the Law of Evidence only on Legal Bites. [What is the relevance of the DNA tests in India? After Sheema Bora’s murder case analyze the relevancy of DNA evidence as corroborative evidence and circumstantial evidence.]

Answer

DNA is the abbreviation of Deoxyribose Nucleic Acid. It’s a basic genetic material in all human body cells but is unique in nature in every individual and the structure of DNA varies from personality to personality.

DNA test provides perfect identity and is admissible. The admissibility of the DNA evidence before the court always depends on its accurate and proper collection, preservation, and documentation which can satisfy the court that the evidence which has been put in front of it is reliable.

There are certain provisions which are present in the Indian Evidence Act, 1872 such as Section 112 which determines a child‘s parentage and states that a child born in a valid marriage between a mother and a man within 280 days of the dissolution of the marriage, and the mother remaining unmarried shows that the child belongs to the man unless proved otherwise but again no specific provision which would cover modern scientific techniques.

DNA analysis is of utmost importance in determining the paternity of a child in the cases of civil disputes. The need for this evidence is most significant in criminal cases, civil cases, and maintenance proceedings in the criminal courts under Section 125 of the Cr. P. C.

In the case of Nandalal Vasudeo Badwaik v. Lata Nandlal Badwaik (2014) SC, the SC observed that when section 112 was legislated that was not a technologically advanced time of DNA but now science has progressed and DNA is an established science now.

It said-

The interest of justice is best served by ascertaining the truth and the court should be furnished with the best available science and may not be left to bank upon presumptions unless science has no answer to the facts in issue. In our opinion, when there is a conflict between a conclusive proof envisaged under the law and the proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former. The truth must triumph is the hallmark of justice. So, DNA is held to be conclusive.

DNA Evidence is the soul in most criminal cases and this can be highlighted through the recent and the most controversial criminal case which has identified the body of the victim through the DNA test. In Sheena Bora’s Murder Case the most twisted murder mysteries had involved the test of DNA.

The main thing to be highlighted in that reference is that the girl who has murdered Sheena Bora. The bones which were found by the police in the Raigad Forest established that it was Indrani Mukerjea’s “female child”, burying her claims of her daughter, Sheena Bora, being in the US. Also, in the test which was conducted by Forensic Science Laboratory in Kalina, the experts said that the skeletal remain showed 100% match with Indrani’s DNA.

To which it was settled by the court that DNA evidence may be considered as corroborative in nature due to the expert testimony involved it but where the DNA evidence testifies or supports the eyewitness it can never be disputed and will be admitted in the Court.

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Important Mains Questions Series for Judiciary, APO & University Exams

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4. Law of Evidence Mains Questions Series Part-IV
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