DNA Profiling and Criminal Justice: An Empirical Study in context to its Legal and Social Impacts
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Abstract
Due to its unmatched precision in identifying criminals, DNA profiling has sparked a revolution in forensic science and the criminal justice system. This study aims to assess the constitutionality, societal effects, and legality of DNA profiling in India's criminal justice system. This study aims to determine whether the growing use of DNA evidence is consistent with basic rights, including the right to privacy under Article 21 of the Constitution, while also serving the state's crime-control purposes. It also discusses the potential moral and social effects of DNA Profiling, including concerns about informed consent and social acceptability.A two-pronged approach is used in the study. The current and proposed legislative frameworks, such as the Bharatiya Sakshya Adhiniyam, the Bharatiya Nagarik Suraksha Sanhita, and the DNA Technology (Use and Application) Regulation Bill, 2019, are examined in the legal analysis, which seeks to determine how well they comply with constitutional protections and international treaties. To evaluate public knowledge, consent procedures, and ethical issues related to DNA profiling, the empirical component integrates quantitative analysis (using SPSS) with qualitative interviews of forensic experts, legal professionals, and members of the general public.The findings indicate a substantial conflict between governmental aims of effective crime detection and individual civil liberties, including privacy, non-discrimination, and bodily integrity. The analysis also exposes the lack of a comprehensive statutory framework and stringent procedures for methodical collection, analysis, reporting, and storage of DNA Data. The empirical data reveal a lack of public knowledge and uncertainties about permission procedures, raising concerns about potential misuse and insufficient data protection.The study concludes that although DNA profiling improves evidential precision and investigative efficacy, its unregulated or inadequately regulated application poses a threat to civil liberties. It advocates for more robust data protection measures, explicit consent procedures, improved public awareness campaigns, and legislative reforms to guarantee that scientific progress is consistent with constitutional principles and social accountability.
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