Legal issues related to dna fingerprinting in india

LEGAL ISSUES RELATED TO LEGAL ISSUES RELATED TO DNA FINGERPRINTINGDNA FINGERPRINTING IN CRIMINAL JUSTICE IN CRIMINAL JUSTICE

SYSTEMSYSTEM

BY

DR. G. K. GOSWAMIDR. G. K. GOSWAMI, , IPSIPS

UTTAR PRADESH POLICE

Criminal Justice SystemCriminal Justice System

JusticeJustice- - un-earthening, establishing un-earthening, establishing and administering and administering ‘TRUTH’‘TRUTH’

i)i) AdversarialAdversarial

U.K., USA, India etc.U.K., USA, India etc.

ii) ii) InquisitorialInquisitorial (investigating (investigating magistrate) in France, Spain etc.magistrate) in France, Spain etc.

Training and technical assistance for judges, prosecutors to learn about solving “cold cases” with DNA evidence.

Scientific Tools used in Criminal Scientific Tools used in Criminal investigation in the recent past:investigation in the recent past:

Electronic SurveilanceElectronic Surveilance

Lie Detector or Polygraphic TestLie Detector or Polygraphic Test

P-300Test or Brain Mapping TestP-300Test or Brain Mapping Test

Narco-Analysis (Truth Serum) TestNarco-Analysis (Truth Serum) Test

DNA-ProfilingDNA-Profiling

Why Narco-Analysis was Why Narco-Analysis was banned by court?banned by court?

Protection against Testimonial Compulsion Protection against Testimonial Compulsion under Article 20 (3) of Indian Constitutionunder Article 20 (3) of Indian Constitution

(Protection against Self Incrimination- (Protection against Self Incrimination- compelling to be witness against himself)compelling to be witness against himself)

Best Bakery case:Best Bakery case: SC verdict on using SC verdict on using scientific tools to unearth truthscientific tools to unearth truth

Ramchandra Ram Reddy & oths. Vs. Ramchandra Ram Reddy & oths. Vs. the State of Maharastra the State of Maharastra (5(5thth Feb’ 2010) Feb’ 2010)

What is an What is an EVIDENCEEVIDENCE:: Strictly in legal context, evidence can be Strictly in legal context, evidence can be

defined as various things presented in court defined as various things presented in court for the purpose of for the purpose of proving or disprovingproving or disproving a a question under inquiry. It includes question under inquiry. It includes testimonytestimony, , documentsdocuments, , photographsphotographs, , mapsmaps and and video video tapestapes. These are termed as evidence of the . These are termed as evidence of the case. case.

It also include Forensic Evidences like DNA It also include Forensic Evidences like DNA Fingerprints, ballistic/explosive analysis Fingerprints, ballistic/explosive analysis reportsreports etc. etc.

List of Experts having evidential List of Experts having evidential admissibility in the Court of Law is admissibility in the Court of Law is mentioned u/s 294(4) Cr.P.C.mentioned u/s 294(4) Cr.P.C.

Sources of EvidencesSources of Evidences

Evidences from Witnesses Evidences from Witnesses

Eye witnessEye witness

Scientific witnessScientific witness

Documentry EvidencesDocumentry Evidences

Criterion for self-incriminationCriterion for self-incrimination The evidence may be either The evidence may be either

testimonytestimony (on oath or affirmation (on oath or affirmation in front of judge) or in front of judge) or statement statement by by the witnessthe witness

If any test amount to compulsion If any test amount to compulsion of of making a statementmaking a statement shall be shall be deemed to be self incriminatingdeemed to be self incriminating

The results of Lie-detector or Brain- The results of Lie-detector or Brain- Mapping or electronic survielance or Mapping or electronic survielance or DNA finger-printing are not DNA finger-printing are not statements made by the witness, statements made by the witness, but merely extracting informations, but merely extracting informations, hence do not violate Article 20(3)hence do not violate Article 20(3)

However, Narco-analysis Test However, Narco-analysis Test (injecting 3 grms of pentathol in (injecting 3 grms of pentathol in witness body) results into witness body) results into involuntarily making a statement involuntarily making a statement and hence violative of Art. 20(3) and hence violative of Art. 20(3)

Exception:Exception: If such statement is used to If such statement is used to assist in making some recovery assist in making some recovery u/s 27 of The Indian Evidence Act-u/s 27 of The Indian Evidence Act-1972, then it is admissible.1972, then it is admissible.

Other Relevant Case Laws-Other Relevant Case Laws-

Tahsildar Singh vs. State of Tahsildar Singh vs. State of UP(AIR, 1959, SC)UP(AIR, 1959, SC)

Shaboo case(1965), Kathi Kallu Shaboo case(1965), Kathi Kallu Case, Nandini Sathpathi CaseCase, Nandini Sathpathi Case

Let us talk about Let us talk about DNA-DNA-ProfilingProfiling

INTRODUCTION:INTRODUCTION: Deoxyribonucleic acid (DNA)(DNA) is the main

constituent of the chromosomes of all organisms, and is found in the form of a double helixdouble helix within the nucleus of every somatic cell and gives an individual a personal genetic blue print. Consequently, a small sample of human body cells can be decoded to reveal a pattern that is shared only by a genetically identical twin.

The DNA of each individual does not change during his lifetime. This technique is commonly used in police investigations and is termed ‘DNA ‘DNA fingerprintingfingerprinting’- A search for TRUTH.A search for TRUTH.

DNA analysis first introduced into policing in 1986 when Dr. Alec JeffereysDr. Alec Jeffereys of the University of Leicester assisted UK Police in investigation of potentially linked sexual assault coupled with murder of two young girls.

DNA Technology provides a tool in the hands of police with a potential “genetic eyewitness”, thus links crime with criminal/s and regarded as the standard of excellence for the development of impartial, unbiased scientific evidence to ensure accuracy, transparency and fairness in criminal justice system.

TQM (for criminal investigation)

Need to be Need to be STANDARDIZED:

MANMAN (Training, expertise, integrity etc.)(Training, expertise, integrity etc.)

MATERIALMATERIAL (Quality, integrity, chain of custody etc.) (Quality, integrity, chain of custody etc.)

METHOD METHOD (Standard Operating Procedure)(Standard Operating Procedure)

ROLE OF POLICE IN CRIMINAL ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEMJUSTICE SYSTEM:

Registering the FIR, appointment of I.O. Inspection and protection of scene of crime Maintenance of Law & Order Collection of evidences to link crime with

criminal/s. submission of report to the court regarding

the outcome of the investigation u/s 155 Cr.P.C.

USE OF DNA PROFILE IN POLICE USE OF DNA PROFILE IN POLICE WORKWORK:-

CRIME INVESTIGATIONCRIME INVESTIGATION: especially in murder or man-slaughter, sexual offences, assaults, robbery, house breaking and burglary, hoax crime and kidnapping etc.

Establishment of Establishment of PaternityPaternity and and MaternityMaternity: In case of adultery, lost child and exchange of babies in the Hospitals.

NATURAL & MAN-MADE DISASTERSNATURAL & MAN-MADE DISASTERS: Identification of mass casualties during earthquakes, floods, air-crashes, train accidents, explosions, fire, war victims especially especially identification of the mutilated bodiesidentification of the mutilated bodies.

Proving innocence for convicts based on Proving innocence for convicts based on fabricated evidences: fabricated evidences: (INTROSPECTION (INTROSPECTION OF JUDICIAL PRONOUCEMENTS ???) OF JUDICIAL PRONOUCEMENTS ???) “………“………Convicted by juries, exonerated by Convicted by juries, exonerated by sciencescience……” by Attorney General Janet RenoJanet Reno

Saving innocent accused/suspects my Saving innocent accused/suspects my result into:result into: Generate faith in criminal justice systemGenerate faith in criminal justice system Improve police efficiencyImprove police efficiency Check corruptionCheck corruption Improve prosecutionImprove prosecution

““Injustice anywhere is threat to justice every Injustice anywhere is threat to justice every where”where”

-Martin Luther King-Martin Luther King

WILD LIFE CONSERVATIONWILD LIFE CONSERVATION: Solving the : Solving the cases of poaching, inbreeding, cure of genetic cases of poaching, inbreeding, cure of genetic diseases, migration routes etc.diseases, migration routes etc.

Solving Patent DisputesSolving Patent Disputes related to claims for related to claims for new inventions of HYV seeds etcnew inventions of HYV seeds etc

Sex determinationSex determination

Other issuesOther issues like Individual Identification like Individual Identification Cards, frauds, adulteration, bio-diversity Cards, frauds, adulteration, bio-diversity conservation, plant breeding, invention of conservation, plant breeding, invention of drugs, Chasing evolution, gene rectification, drugs, Chasing evolution, gene rectification, R&D etc.R&D etc.

Doctrine of Double JeopardyDoctrine of Double Jeopardy

Article 20 in Indian Constitution -Article 20 in Indian Constitution -

20(1)- Ex post facto 20(1)- Ex post facto law( Retrospective effect of law)law( Retrospective effect of law)

20(2)- Double Jeopardy20(2)- Double Jeopardy

20(3)- Self incrimination20(3)- Self incrimination

Nemo debet vis vexarNemo debet vis vexar DJ means that no one can be vexed DJ means that no one can be vexed

twice for the same offence- twice for the same offence- Cardinal Cardinal Principle of the Law Principle of the Law all over the world.all over the world.

Murder of Murder of Stephen Lawrence Stephen Lawrence ( racial ( racial

murder case on 22murder case on 22ndnd April, 1993 at April, 1993 at London)London)

It pave the way for change in Doctrine of It pave the way for change in Doctrine of Double Jeopardy in U.K. by introducing Double Jeopardy in U.K. by introducing The Criminal Justice Act-2003The Criminal Justice Act-2003

The criterion for new changes:The criterion for new changes: ‘ ‘NewNew’ and ‘’ and ‘compellingcompelling’ facts for ’ facts for

serious crimes like-serious crimes like-

Man-slaughter Man-slaughter

KidnappingKidnapping

Rape Rape

RobberyRobbery

etc.etc.

NEED TO TRAIN THE I. O.NEED TO TRAIN THE I. O.

For scientific investigation and better prosecution, proper and regular periodical training of I.O. and their Supervisory senior officers is a must.

DNA Profiling is a complex scientific procedure, and its success lies in the skill and expertise of I.O., who is the first player to handle the “ sample” and if he fails to do so the whole exercise of diagnostic center goes waste.

ROLE OF THE I.O. IN DNA FINGER ROLE OF THE I.O. IN DNA FINGER PRINTING:PRINTING:

Collection or lifting the sampleCollection or lifting the sample PreservationPreservation Sealing PackagingPackaging Labeling Storage Docketing through court Maintaining Chain of Custody Transport to appropriate Diagnostic Centre

WHAT ARE FORENSIC SAMPLESWHAT ARE FORENSIC SAMPLES?:?:

Samples collected for analysis of DNA profile.Collection of samples may be classified into:

-Non-intimate: such as scraping from under a finger or toe-nail etc. -Intimate Procedure: a mouth scraping, a

blood sample or a swab or physical examination of an intimate part of the body.

DNA SAMPLING PROTOCOLDNA SAMPLING PROTOCOL To avoid contamination in DNA samples the I.O. To avoid contamination in DNA samples the I.O.

must use:must use:

- clean hands with gloves- clean hands with gloves

- clean instruments to lift the samples - clean instruments to lift the samples

- even in the mortuary the un-cleaned instruments - even in the mortuary the un-cleaned instruments may adversely affect DNA profiling may adversely affect DNA profiling

- Use of proper BUFFER- Use of proper BUFFER

- Sterile environment as much as possible in - Sterile environment as much as possible in packaging etc.packaging etc.

IMPORTANT CASES SOLVED BY USING DNA IMPORTANT CASES SOLVED BY USING DNA PROFILEPROFILE ::

Villainy Vs. KunhiramanVillainy Vs. Kunhiraman (March 1991, Kerla H.C.) To sort-out the paternity dispute to a unmarried woman- Vilasini, paternity test was conducted and Hon’ble H.C. found Kuhiraman – ‘the father’.

Tandoor CaseTandoor Case: In August 1995, Mrs. Naina Sahni was murdered and charred in tandoor in Baiga Restaurant, N. Delhi. The charred body was connected to the victim by using DNA profile.

Rajeev Gandhi Assassination case:Rajeev Gandhi Assassination case: The “human bomb” Dhanu was identified by DNA

R vs. DeenR vs. Deen (1995 Crim. LR 464):(1995 Crim. LR 464):

To justify veracity of DNA evidence, two To justify veracity of DNA evidence, two questions were formulated:-questions were formulated:-

What was the probability that an What was the probability that an individual would match the DNA profile individual would match the DNA profile from crime sample,from crime sample, given that he was given that he was innocent?innocent?

What was the probability that an individual was innocent, given that he match the DNA profile from the scene of crime?

The answer to the first question is given as the answer to the second and this is called “PROSECUTOR’S FALACY”.“PROSECUTOR’S FALACY”.

DNA can not be concocted or influenced to favor anybody which may be possible in case of oral witness.

Dermal finger printing always advocate ‘yes’ or ‘no’ to the evidences and widely accepted in all JurisprudenceJurisprudence and even by common persons but DNA finger printing is relatively new and has potential for error because it depends on “match “match probability”probability” and “likelihood ratio”“likelihood ratio”

An Important Case LawAn Important Case Law Santosh K. Singh vs. CBISantosh K. Singh vs. CBI

Santosh K. Singh vs. CBI:Santosh K. Singh vs. CBI: Priyadarshini Matoo, 23, was allegedly raped and strangulated to death in her house in N. Delhi in Jan 1996, by her fellow student S. K. Singh , a son of a senior IPS officer.

DNA test was conducted and test confirmed and connect the crime with criminal. But Defence argued and challenged the “scientific procedure”“scientific procedure” adopted in DNA probe.

The Session Judge pronounced:“Though I knew, he is the man (Santosh Though I knew, he is the man (Santosh Singh), who committed the crime, I acquit Singh), who committed the crime, I acquit him, giving him thehim, giving him the benefit of doubtbenefit of doubt.”.”

Recently in Oct’2010 SC has sentence Recently in Oct’2010 SC has sentence him for life imprisonment. him for life imprisonment.

Suggestion:PROCEDURE adopted in DNA probing should have no scope left to benefit the accused giving him benefit of doubt at all.

CHAIN OF CUSTODYCHAIN OF CUSTODY This concept itself This concept itself is of utmost importance. • Forensic evidence to be admissible in the court of law must be beyond any doubt. • It also refers to the security and reliability of the police and forensic/diagnostic labs handling DNA samples.

SUGGETIONS:Ensuring that there should not be any

break in the “chain of custody”. (Proper docketing, documentation etc.) to have DNA as admissible evidence.

What is a DOCKETWhat is a DOCKET

An exhibit of a forensic sampleAn exhibit of a forensic sample Collected in relation to a particular crimeCollected in relation to a particular crime From PO, in possession of accused, From PO, in possession of accused, recovery u/s 27 I. E. Act-1882 etc.recovery u/s 27 I. E. Act-1882 etc. In presence of 02 independent witnessesIn presence of 02 independent witnesses Sealing, packaging, labeling & proper Sealing, packaging, labeling & proper documentation of the sampledocumentation of the sample With due permission of court, transit to With due permission of court, transit to diagnostic centre for desired testing/analysisdiagnostic centre for desired testing/analysis

Chandradevi vs. State of Tamil Nadu (MANU/IN/2335/2002):

The issues before court were- Whether DNA evidence is generally acceptable in the scientific community?

Whether the testing procedure is reliable?

Whether tests were performed properly?

Whether the conclusion is acceptable?

This time court was wary of what happened in This time court was wary of what happened in Priyadarshi Mattoo casePriyadarshi Mattoo case, and thus accepted , and thus accepted the DNA profiling as evidence to convict the the DNA profiling as evidence to convict the accused.accused.

Pantangi Balarama Venkata Ganesh vs. Pantangi Balarama Venkata Ganesh vs. State of A.P. (Cr LJ, 2003, 4508):State of A.P. (Cr LJ, 2003, 4508):

Court relied on an article by Dr. Lalji Court relied on an article by Dr. Lalji Singh, and accepted DNA profile as Singh, and accepted DNA profile as conclusive evidence & observed “…..the conclusive evidence & observed “…..the DNA test gives the perfect identity. It is a DNA test gives the perfect identity. It is a very advance science”very advance science”

Identifying 9/11 victims:Identifying 9/11 victims: Remains of only 1585, of the 2792 people known to have died had been identified till 2005 and by invent of Bode Technology the small body segments were again processed to identify the remaining unidentified victims.

Nirmaljeet Kaur Vs. The State of PunjabNirmaljeet Kaur Vs. The State of Punjab:: Solved the riddle of family property dispute where a child was taken away from mother’s custody at the age of 06 months and produced another child in the court after 04 years.

Diana R. murder case in Varanasi:Diana R. murder case in Varanasi:

A religious tourist and young lady from New Zealand visited Varanasi in1997 and was reported missing by her father L.N. Jack Routley after one year since her last call. Dharam Dev Yadava, an unregistered tourist guide, was interrogated as suspect and buried skeleton of a human body was recovered from the cemented floor of a room in the house of the accused in district Gazipur. The body was identified as deceased using dental record analysis, skull super imposition and ultimately by DNA technology. Session’s Court awarded the principal accused- hanging till death and confirmed by H.C.

MORE LEGAL ISSUES RELATED TO MORE LEGAL ISSUES RELATED TO DNA FINGER PRINTINGDNA FINGER PRINTING Sections 45 & 46 of Indian Evidence Act-1872, deal with expert opinion on evidences. The ingredients of section 45 and section 46 highlights that:

The court when necessary will place its faith on skills of persons who have technical knowledge of the facts concerned.

The court will rely on bonafide statement for proof given by the expert concluded on the basis of scientific techniques.

The evidence considered irrelevant would be given relevance in the eyes of law if they are consistent with the opinion of experts. Thus, experts are routinely involved in administration of justice, more often in criminal justice system.

Cr. P.C. & DNA PROFILINGCr. P.C. & DNA PROFILING::

Though there is no specific DNA legislation enacted in India (DNA Bill-2007 still hanging), Sec.53 and Sec. 54 of the Criminal Procedure Code, 1973 provides for DNA tests implicitly and they are extensively used in determining complex criminal falaciess.

Sec. 53 deals with examination of the accused by medical practitioner at the request of police officer if there are reasonable grounds to believe that an examination of such person will provide evidences in relevence to the commission of the offence.

Sec. 54 of the Cr. P. C., 1973 further provides for the examination of the arrested person by the registered medical practitioner at the request of the arrested person.

Suggestions provided by the Malimath Suggestions provided by the Malimath committee:committee:

Sec. 313 of the CR.P.C must also be amended so as to draw adverse inference against the accused if he fails to answer any relevant material question against him therefore, making it easy for the law enforcement agencies to use DNA tests against him.

A specific law should be enacted giving guidelines to the police setting uniform standards for obtaining genetic informations and creating adequate safeguards to prevent misuse of the same.

A national DNA database should be created which will be immensely helpful in the fight against terrorism.

More well-equipped laboratories should be established to handle DNA samples and evidence

Efforts should be made to create more awareness among general public, Prosecutors, judges and police machinery

Inclusion of DNA experts in the list of expert u/s 293(4) Cr.P.C.

Measures to Improve Judicial Adminis- Measures to Improve Judicial Adminis- trationtration:

Discouraging routine summoning of experts

Calling expert witness at pre-scheduled time

Recording expert’s testimony by alternative judicial officer in case of non-availability of the presiding officer the court that summoned him. Recording of experts' testimony through video-conferencing.

Amending provision of criminal procedures to have admissibility of the scientific analytical records.

Respect the expert in the as they assist the court to find the truth.

delay deny justice- need for ‘speedy trial’

Determination of parenDetermination of parentagetage

Indian courts have time and again held that the evidence for proving non-access must be strong, distinct, satisfactory and conclusive. DNA tests can be strong evidence as they are correct up to 99% if positive and 100% if negative.Related case laws:

Vasu vs. Santha 1975 (Kerala) Gautam Kundu vs State of West Bengal.

Guidelines by S. Court regarding DNA tests and Guidelines by S. Court regarding DNA tests and their admissibility to prove parentagetheir admissibility to prove parentage:

That courts in India cannot order blood test as a matter of course;

Wherever applications are made for such prayers in order to have roving inquiry, the prayer for blood test cannot be entertained.

No one can be compelled to give sample of blood for analysis.

There must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under Section 112 of the Evidence Act.

The court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman.

PATERNITY DETERMINATION IN PATERNITY DETERMINATION IN INDIAN FAMILY LAWS: INDIAN FAMILY LAWS: Indian Legal System recognize “social father”“social father” and not necessarily “biological/ genetic father”“biological/ genetic father”

In Hindu Law, ADOPTION provides status to child as real son for all purposes of lineage, social and religious obligations.

Muslim Law, ACKNOWLEDGEMENTACKNOWLEDGEMENT by male not only recognize the paternity but also ascertain existence of marriage with the mother of the child.

Section 112 of Indian Evidence Act-Section 112 of Indian Evidence Act-1882,1882, the gestation period of 280 days after the marriage is conclusive proof for legitimacy of child. Exception is non access to wife

S.C. observation in S.C. observation in Gautam Kundu vs Gautam Kundu vs State of West BengalState of West Bengal regarding regarding legitimacy:legitimacy:

The court must examine carefully the consequences of ordering the blood test; whether it will have the effect of the effect of branding a child as bastard and the branding a child as bastard and the mother as an unchaste woman.mother as an unchaste woman.

Here lies the ethical dilemmaethical dilemma in deciding paternity dispute using DNA profile.

It is said, “maternity is a reality while “maternity is a reality while paternity is a myth.”paternity is a myth.”

“……“……..there can be no illegitimate child there can be no illegitimate child there can only be illegitimate parentthere can only be illegitimate parent... ”... ” ----George Bernard ShawGeorge Bernard Shaw

OTHER RELATED ISSUESOTHER RELATED ISSUES

Ethical Issues:Ethical Issues:PrivacyChances of misuse of DNA profile

Chances of genetic discrimination in marriage, education, social relations etc.

Chances of misuse of data by enforcing agencies

DNA Profile & Human Rights:DNA Profile & Human Rights:

The DNA fingerprinting pioneer Professor Sir Alec JeffreysSir Alec Jeffreys condemned UK government plans to keep the genetic details of hundreds of thousands of innocent people in England and Wales for up to 12 years.

Jeffreys said he was "disappointed""disappointed" with the proposals, which came after a European court ruled that the current policy breaches people's right to privacy.people's right to privacy.

He further said "It seems to be as about as minimal a response to the European court of human rights judgment as one could conceive. There is a presumption not of innocence but of There is a presumption not of innocence but of future guilt herefuture guilt here … which I find very disturbing indeed"

Threats to scientific investigation:Threats to scientific investigation:

Ignorance at various levelIgnorance at various level

Social Pressure – politicisation of Social Pressure – politicisation of criminal justice system at various criminal justice system at various levelslevels

Man power constraintsMan power constraints

Financial constraintsFinancial constraints

Pressure by Media Pressure by Media

Prolonged Delay in Trial- need of FTCProlonged Delay in Trial- need of FTC

Degradation of Value System – Degradation of Value System – breeding insensitivity, corruption, breeding insensitivity, corruption,

FALLOUTFALLOUT

ARUSHI LIKE CasesARUSHI LIKE Cases

CONCLUSIONCONCLUSION

Separation of police wings related to investigation from maintenance of law & order.

Emphasis on Training: For I.O. to preserve scene of crime,“handle “handle

the DNA sample with utmost care” the DNA sample with utmost care” to avoid to avoid contamination in the sample, protection of contamination in the sample, protection of chain of custody etc.chain of custody etc.

Training and technical assistance for judges, prosecutors to learn about solving “cold cases” with DNA evidence.

Training and information for law enforcement leadership and policymakers to facilitate more informed decisions about effective DNA evidence collection and testing.

Training and technical assistance for judges, prosecutors to learn about solving “cold cases” with DNA evidence.

Training for Victim Service Providers.

Delivery of sample to genuine diagnostic centre(acredation of laboratories)

Standardization of Procedure for DNA profiling

Creating awareness among all the players in Creating awareness among all the players in Justice System and common publicJustice System and common publicJoint efforts at public -private sectorJoint efforts at public -private sector Creating awareness about disaster Creating awareness about disaster management among common masses, management among common masses, introduction of a chapter in school curriculum, introduction of a chapter in school curriculum, oraganising symposium, street plays (nukkad oraganising symposium, street plays (nukkad natak) etc.natak) etc.

Inclusion of DNA Fingerprinting as admissible Inclusion of DNA Fingerprinting as admissible evidence in legal systemevidence in legal system

NEED FOR INTEGRATED APPROACH (BREAKING THE COMPARTMENTLISATIONBREAKING THE COMPARTMENTLISATION):: Facilitate frequent interactions, seminars, presentations, workshops, field/labs visits by police, scientists, judiciary, prosecutors, lawyers, doctors, social engineers, NGO’s/CBO’s, private sector etc. to understand the needs of each others. Research should interact with field requirement for betterment of society at large.

Participation of politicians, legislators, lawyers and media in the academic discussion generating political will for bringing enactments and providing adequate fundings for facilitating the forensic evidences.

Special Special THANKS THANKS and and SALUTESALUTE to to

SRI LALJI SINGHSRI LALJI SINGH(Father of DNA Fingerprinting in India)(Father of DNA Fingerprinting in India)

for his untiring life-time contribution for his untiring life-time contribution

in the field of in the field of DNA TechnologyDNA Technology

to feel pride by everyone of us.to feel pride by everyone of us.

UTTAR PRADESH POLICEUTTAR PRADESH POLICE

Dr. G. K. Goswami, IPSDr. G. K. Goswami, IPSgoswami [email protected]

0945440034009454400340

0522-2238338 ®0522-2238338 ®

Usual contaminantsUsual contaminants in the samples include:

Water Acid Oil/grease Foreign genetic material

OTHER SOURCES OF CONTAMINATION:PCR Contamination- need for sterile technique which means the absence of all organisms including viruses and bacteria etc. Presence of single microbe would violate sterility, and here lies the “chances of element of error” in the technique

PRECAUTIONS DURING COLLECTION OF PRECAUTIONS DURING COLLECTION OF SAMPLES FOR DNA ANALYSISSAMPLES FOR DNA ANALYSIS:

BLOODBLOOD: Most preferred tissue type for nuclear DNA work

but less valuable than muscle for mtDNA. May be stored in sterile eppendorf tube (Longmire

Buffer) DONOT use Heparinized tube Normally 4-5 ml blood sample in tube Maintain low temp. and transport within 72 hrs. to

Lab. Use of FTA Paper (Whatman Paper) - 5-6 drops,

dry at room temp. and may be stored for long time

SampleSample Type Collection BoxType Collection Box Short-term StorageShort-term Storage

BloodBlood Blood BufferBlood Buffer Room TemperatureRoom Temperature

Bone Bone Envelopes or Dry Micro-tubes Envelopes or Dry Micro-tubes Dry, Room Temperature Dry, Room Temperature

Hair Hair Envelopes or Dry Micro-tubes Envelopes or Dry Micro-tubes Dry, Room Temperature Dry, Room Temperature

TeethTeeth Envelopes or Dry Micro-tubes Envelopes or Dry Micro-tubes Dry, Room Temperature Dry, Room Temperature

Muscle Muscle Tissue Preservation BufferTissue Preservation Buffer Room TemperatureRoom Temperature

CHEMICAL DESCRIPTION AND CHEMICAL DESCRIPTION AND HAZARDSHAZARDS::

Blood BufferBlood Buffer::

HCl/Tris: skin irritation EDTA: Skin irritation NaCl: Skin irritation SDS (Sodium dodecyl sulphate): irritation

Tissue BufferTissue Buffer:: HCl, EDTA, NaCl Silica Beads, Ethanol, Urea etc.

MUSCLE MUSCLE :: Heart tissues are the most preferred type. Can also be extracted from tongue, skin, hair, teeth and

bones. Storage Buffer must completely cover the tissue

sample. May be stored at room temperature

HAIR AND HARD TISSUEHAIR AND HARD TISSUE ::

DNA remain in hair follicles, hence without follicles, hair has no use. Tooth pulp is main source of DNA.

Dry Sample CollectionDry Sample Collection (Alternative): For the dry method, whirl-pack bags, cryo-tubes, or

scale envelopes lined with high quality filter paper work well.

Thank You for Your Kind attention

Further Contact and discussion:

http://goswamigk.indianscholars.org