EVIDENTIARY VALUE OF DNA

FINGERPRINTING IN THE
LIGHT OF O.J.SIMPONS CASE

SHUBHI SARATHE

INTRODUCTION
DNA fingerprinting conjointly called DNA testing, DNA

typing, or genetic fingerprinting refers to a technique

used by rhetorical scientists to aid in identification of
people by their various DNA profiles.
A DNA fingerprint of any person remains same

throughout his lifespan and any it's distinctive for each

individual

The arguments given against this typically focuses on

the misuse of such techniques and raises issues over

varied ethical and moral aspects of this explicit
technique

This project analyses the evidentiary value of DNA

fingerprinting in lieu of varied case laws and

particularly with relevancy of O.J.Simpsons murder
trial case

. HISTORY/ BACKGROUND OF
EVOUTION
Alec Jeffreys discovery shook many people with surprise

but he did not named it after him but named the technique
as DNA Fingerprinting.
However, the first case (March 1985) was not strictly a

forensic case but one of immigration

The application of this technique introduced new facts of

evidence in the criminal investigation. It gained first

attention by application of DNA fingerprinting saved a
young boy from deportation.

Microscopic view of multilocus probes (MLP)

DNA PROFILING PROCESS

The main basis of the deoxyribonucleic acid procedure

method is that apart from the identical twins DNA

sequences mostly are distinctive in every, individual.
Though, 99.9% of human DNA sequences tends to be

identical in each and every individual enough DNAs exists

completely different to assist the scientists to determine an
individual at the exclusion of others.
Further, no individuals DNA can be modified by him even

through operation. Thus, deoxyribonucleic acid or DNA

profiling is permanent identity of a person by exclusion of
all others.

Stages of DNA profiling

DNA PROFILING
PROCESS
The DNA fingerprinting method starts by taking some sample of

individuals DNA.
This sample is typically referred also as Reference sample. the most

effective technique of getting a DNA reference sample is the Buccal Swab

which uses DNA samples that are collected from the inside cells of mouth.
The deoxyribonucleic acid samples obtained in such manner have less

probabilities of being contaminated. DNA samples also can be collected

from blood, skin, hair, tissues or human semen etc.
The technology these days has proven to be very effective and powerful

that even the blood-stained wear of President Lincoln was used and
therefore the deoxyribonucleic acid analyzed for proof of a genetic
abnormality known as Marfan's syndrome.

Pictorial Representation OF DNA

Chromosome technique

This reference sample is then examined through

some chemical reactions and this is how the final

patterns taken, can be compared with the samples of
another DNA to attain a specific conclusion.
It had been argued that the outcomes of DNA

fingerprinting can't be accepted as substantial

evidences within the court of law reason being they
might sometimes gives away faulty results either
because of contamination of the sample or may be
due to faulty preparation procedures.

SURREPTITIOUS DNACOLLECTING
In Australia, Police forces might collect polymer samples

without any knowledge of suspects the suspects' data, and

use it as proof. Lawfulness of this mode of continuation has
been questioned.
In the U.S., it's been accepted, courts usually claiming that

there was no expectation of privacy, citing California v.

greenwood (1985),

In the UK, the Human Tissue Act 2004 prohibited individuals,

from covertly taking biological samples (hair, fingernails, etc.)

for DNA analysis, however this excluded medical and criminal
investigations from the offence.

APPLICATION OF DNA
FINGERPRINTING
In case of any sort of paternity disputes this

technique is used.
to diagnose the inherited disorders in both of the

parental and the infants or new born babies.

The death of soldiers in extreme conditions such as

natural calamity or wars makes it difficult for

identification of bodies thereby this technique is
basically used to identify the bodies of martyrs.

In medical science to match organ donors with recipients

in transplant.
One of its important usages is in detect bacteria and

other organisms that may pollute air, water, soil, food etc.
It is also used to suspect the criminals and collect

evidence against the, one who were present at the crime

scene.
In case of various accidents where the deceased body is

beyond identification the DNA fingerprints are used for

the recognition of the body.

LEGAL ISSUES CONCERNED WITH

DNA FINGERPRINTING
DNA PROFILING IN EVIDENCE LAW:

The Indian Evidence Act, 1872 sections 45 and 46

deals with the opinion of experts in the evidence law
DNA PROFILING & HUMAN RIGHTS:
Sir Alec Jeffreys who is also considered as the

pioneer of fingerprinting technique put forth the plan of

having stored all the genetic details of many people in
England and Wales

DNA FINGERPRINTING AND Cr. P.C

Still there exists no particular legislation enacted in

India regarding DNA profiling (DNA Bill 2007 still is not
paased by the legislature.) Yet sec. 53 and 54 of the
Criminal Procedure Code, 1973 which basically
provides for DNA tests extensively

INDIAN CASE LAWS BASED ON DNA

FINGERPRINTING
Naina Sahni case or popularly known as Tandoor case.
Nirmaljeet Kaur v. The state of Punjab: in this case where

a child was taken away from the custody of mother other

the DNA profiling was done and the family dispute was
resolved on the claim of the son to identify real mother.
In another case of Villainy v. Kunhiraman: in this case

basically the dispute regarding the paternal property was

resolved by conducting the DNA fingerprinting test.

THE PEOPLE v. ORENTHAL JAMES

SIMPSON CASE
This is a very famous case declared as most

suspenseful case according to Time magazine.

The judgment of case O.J Simpson ultimately gave

importance of various cases involving DNA Profiling

process.

DISADVANTAGES OF DNA
FINGERPRINTING
There exists a chance of 1 in 40 billion of the chances of the

two DNA sequence existing similar and thereby defy the

main ingredient of DNA profiling being unique.
The shortage of authentication and also reliable laboratories

around the world leads to failure in the progress of the

evolution of the process of DNA fingerprinting process.
The process itself is complex and tedious, and can give

results that may be hard to interpret many a times and

becomes difficult to co e to the conclusion.

Privacy issues could occur if the information isn't kept

secure at the lab. Personal information legally can only

be released with a written order. This personal
information if leaked, could potentially complicate
insurance processes, health care and job prospects
for an individual.
DNA profiling is the process of mapping out the

sequence of and presence of certain genes. It's

expensive and time consuming

 DNA
CONCLUSION
being of the most important invention or discovery in providing aid to the

legal experts and technicians in solving the cases which in past was almost
difficult to be proved in the light of the evidentiary value.
Many of the lives have been saved as per this invention. For public benefit at

large this invention of DNA profiling. In the human lives where martyrs are
dies it used to be very difficult to identify the person and the families who did
not even have the chance of performing the last rituals such invention has
brought a ray of hope not only this millions of lives were saved because of the
invention of this particular technique.
The DNA evidence holds lot of value and can even punish or acquit a

suspect in numerous cases. Even though there are numerous loopholes and
drawbacks in this process it is important to resolve those lacunas.
Thus in most of the famous cases it has been laid down and one could easily

infer the DNA fingerprinting process a very vital tool in criminal investigation
process.