Scientific Justice: How DNA Evidence is Transforming Legal Outcomes

 Introduction

DNA technology has fundamentally revolutionized the criminal justice system, transforming how forensic investigations are conducted and evidence is analyzed . The concept of "Advancing Justice through DNA Technology" represents a holistic approach to integrating cutting-edge forensic science with judicial processes, ensuring that the legal system can effectively harness the power of genetic evidence to deliver accurate and timely justice . This comprehensive framework encompasses not only the technical aspects of DNA analysis but also the legal, ethical, and procedural considerations necessary for its effective implementation in modern justice systems .

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Advancing Justice through DNA Technology: A Comprehensive Framework for Modern Legal Systems

 Introduction

The integration of DNA technology into the criminal justice system represents one of the most significant advancements in forensic science and legal proceedings. The concept of "Advancing Justice through DNA Technology" encompasses a comprehensive approach to utilizing cutting-edge forensic DNA analysis to enhance the accuracy, efficiency, and reliability of criminal investigations and legal processes. This multifaceted framework addresses various aspects of DNA technology application, from basic scientific principles to complex legal implications, ensuring that justice delivery systems can effectively harness the power of genetic evidence.

Core Objectives of DNA Technology in Justice Systems

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Leading judgment of Supreme court on appreciation of DNA evidence

We may remember that Section 112 of the Evidence Act was enacted at a time when the modern scientific advancement and DNA test were not even in contemplation of the Legislature. The result of DNA test is said to be scientifically accurate. Although Section 112 raises a presumption of conclusive proof on satisfaction of the conditions enumerated therein but the same is rebuttable. The presumption may afford legitimate means of arriving at an affirmative legal conclusion. While the truth or fact is known, in our opinion, there is no need or room for any presumption. Where there is evidence to the contrary, the presumption is rebuttable and must yield to proof. 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 law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former.

18. We must understand the distinction between a legal fiction and the presumption of a fact. Legal fiction assumes existence of a fact which may not really exist. However presumption of a fact depends on satisfaction of certain circumstances. Those circumstances logically would lead to the fact sought to be presumed. Section 112 of the Evidence Act does not create a legal fiction but provides for presumption.

19. The husband's plea that he had no access to the wife when the child was begotten stands proved by the DNA test report and in the face of it, we cannot compel the Appellant to bear the fatherhood of a child, when the scientific reports prove to the contrary. We are conscious that an innocent child may not be bastardized as the marriage between her mother and father was subsisting at the time of her birth, but in view of the DNA test reports and what we have observed above, we cannot forestall the consequence. It is denying the truth. "Truth must triumph" is the hallmark of justice.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 24 of 2014 (Arising out of Special Leave Petition (Crl.) No. 8852 of 2008)

Decided On: 06.01.2014

 Nandlal Wasudeo Badwaik  Vs. Lata Nandlal Badwaik and Ors.

Hon'ble Judges/Coram:

C.K. Prasad and J.S. Khehar, JJ.

Citation: (2014) 2 SCC 576

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Whether daughter is entitled to get maintenance when she refuses to undergo DNA test?

In the present case, what the petitioner sought for is the blood sample of the 4th respondent to be examined with his blood sample to determine whether the 4th respondent is the biological daughter of the petitioner or otherwise. In view of the recent decision of the Supreme Court in NANDLAL WASUDEO BADWAIK (4 supra), it is clear that DNA Test is more or less accurate scientifically. The 4th respondent however declined to undergo such a test. I wholly agree with the contention of the learned counsel for the husband that the 4th respondent declined to undergo the DNA Test since the DNA would have shown that the petitioner was not the biological father of the 4th respondent. The learned counsel for the respondents submitted that there is no evidence that the petitioner has no access to the 1st respondent during the relevant period leading to the birth of the 4th respondent. In view of various decisions referred to, it is evident that in the event of conflict between Section 112 of the Evidence Act and the DNA Test, the DNA Test takes precedence. The respondents cannot approbate and reprobate at one and the same time, refusing to undergo DNA Test on the one hand and invoking Section 112 of the Evidence Act at the same time. The respondents thus have failed to show that the 4th respondent is the biological daughter of the petitioner. The respondents are bound to show that the 4th respondent is the biological daughter of the petitioner where the petitioner is disputing the same. When the respondents have failed to do so, an adverse inference deserves to be drawn against the respondents. Even otherwise, where the petitioner is disputing and contending that he is not the biological father of the 4th respondent and where the 4th respondent is not entitled to the benefits under Section 112 of the Evidence Act, when the respondents failed to prove their case, the 4th respondent is liable to be treated as not the biological daughter of the petitioner. Consequently, grant of maintenance in favour of the 4th respondent payable by the petitioner is certainly unjustified and cannot be permitted.

Andhra High Court

Achugatla Raju @ A.B.V.Raju vs Smt. Achugatla Sujana @ Shoba And 4 ... on 3 June, 2014

Citation;2015 CRLJ(NOC)212 HYD

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Child from continuance of valid marriage is legitimate: Bombay High Court

Mumbai: Observing that a child born during continuance of a valid marriage or even within a year after its dissolution is conclusive proof that it is legitimate, the Bombay High Court has refused to direct a woman and her teenage daughter to undergo DNA tests to prove parentage.

Justice Sadhana Jadhav dismissed a petition filed by Layyapa Patil seeking direction to his wife Mirabai and their 16-year-old daughter to undergo DNA and blood tests to ascertain if he is the father.

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Supreme Court: DNA test should not be directed in routine course to ascertain adultery of wife

Deciding the issue of proving infidelity of a spouse, the bench of J.S. Khehar and R.K. Agrawal, JJ held that DNA test can be conducted to determine the veracity of the allegations of adultery. However, considering the fact that the said test will automatically determine the issue of legitimacy, the Court held that the presumption of legitimacy as given under Section 112 of the Evidence Act, 1872 will not be disturbed and that if the direction to hold such a test can be avoided, it should be so avoided as the legitimacy of the child should not be put to peril.

In the present case, the husband has sought divorce from his wife due to alleged infedility by her and had also named the person has fathered the child born to his wife, thereby making an application for DNA test to prove the paternity of the child in order to prove the alleged infidelity. The Court, hence explained the importance of DNA test by stating that DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. The Court also said that DNA test should also simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the husband, and to establish that she had not been unfaithful, adulterous or disloyal.

The Court, hence, held that the wife shall be given the liberty to comply with or disregard the order of DNA test and in case, she declines to undergo the said test, the Court shall draw presumption as per Illustration (h) of Section 114 of the Evidence Act, 1872.

“REPORTABLE”

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9744 OF 2014

(Arising out of SLP(C) No.5694 of 2013)

Dipanwita Roy Vs  Ronobroto Roy

Citation;AIR 2015 SC418

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Whether DNA sample taken for criminal purposes can be used for paternity test?

X & Anor v Z (Children) & Anor [2015] EWCA Civ 34 – read judgment

The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test. 

Factual and legal background

X’s wife had been found murdered.  The police took DNA from the crime scene.  Some of the DNA belonged to X’s wife and some was found to be X’s.  X was tried and convicted of his wife’s murder.

X’s wife had young children and they were taken into the care of the local authority.  During the care proceedings X asserted that he was the biological father of the children and said he wanted to have contact with them.  He refused to take a DNA test to prove his alleged paternity.  The local authority asked the police to make the DNA from the crime scene available so that it could be used in a paternity test.  The police, with the support of the Home Secretary, refused on the grounds that they did not believe that it would be lawful to do so.

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Whether DNA test can be conducted to ascertain whether mother of child is living in adultery?

It is borne from the decisions rendered by this Court in Bhabani Prasad Jena (supra), and Nandlal Wasudeo Badwaik (supra), that depending on the facts and circumstances of the case, it would be permissible for a Court to direct the holding of a DNA examination, to determine the veracity of the allegation(s), which constitute one of the grounds, on which the concerned party would either succeed or lose. There can be no dispute, that if the direction to hold such a test can be avoided, it should be so avoided. The reason, as already recorded in various judgments by this Court, is that the legitimacy of a child should not be put to peril.

11. The question that has to be answered in this case, is in respect of the alleged infidelity of the Appellant-wife. The Respondent-husband has made clear and categorical assertions in the petition filed by him Under Section 13 of the Hindu Marriage Act, alleging infidelity. He has gone to the extent of naming the person, who was the father of the male child born to the Appellant-wife. It is in the process of substantiating his allegation of infidelity, that the Respondent-husband had made an application before the Family Court for conducting a DNA test, which would establish whether or not, he had fathered the male child born to the Appellant-wife. The Respondent feels that it is only possible for him to substantiate the allegations levelled by him (of the Appellant-wife's infidelity) through a DNA test. We agree with him. In our view, but for the DNA test, it would be impossible for the Respondent-husband to establish and confirm the assertions made in the pleadings. We are therefore satisfied, that the direction issued by the High Court, as has been extracted hereinabove, was fully justified. DNA testing is the most legitimate and scientifically perfect means, which the husband could use, to establish his assertion of infidelity. This should simultaneously be taken as the most authentic, rightful and correct means also with the wife, for her to rebut the assertions made by the Respondent-husband, and to establish that she had not been unfaithful, adulterous or disloyal. If the Appellant-wife is right, she shall be proved to be so.

12. We would, however, while upholding the order passed by the High Court, consider it just and appropriate to record a caveat, giving the Appellant-wife liberty to comply with or disregard the order passed by the High Court, requiring the holding of the DNA test. In case, she accepts the direction issued by the High Court, the DNA test will determine conclusively the veracity of accusation levelled by the Respondent-husband, against her. In case, she declines to comply with the direction issued by the High Court, the allegation would be determined by the concerned Court, by drawing a presumption of the nature contemplated in Section 114 of the Indian Evidence Act, especially, in terms of illustration (h) thereof. Section 114 as also illustration (h), referred to above, are being extracted hereunder:

114. Court may presume existence of certain facts - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Illustration (h) - That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given, would be unfavourable to him.

This course has been adopted to preserve the right of individual privacy to the extent possible. of course, without sacrificing the cause of justice. By adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing the presumption contemplated Under Section112 of the Indian Evidence Act. Even though, as already stated above, undoubtedly the issue of legitimacy would also be incidentally involved.1

“REPORTABLE”

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9744 OF 2014

(Arising out of SLP(C) No.5694 of 2013)

Dipanwita Roy V Ronobroto Roy

Jagdish Singh Khehar, J.

Dated;October 15, 2014.
Citation;AIR 2015SC418

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