Supreme Court Issues Uniform Guidelines for Maintaining Integrity of DNA Evidence
In the case of Kattavellai @ Devakar v. State of Tamil Nadu, the Supreme Court of India issued mandatory guidelines to ensure the integrity of DNA evidence in criminal investigations. The court observed frequent lapses in the chain of custody and unexplained delays in forensic testing. The new guidelines require the creation of a 'Chain of Custody Register,' swift transportation of samples to laboratories within 48 hours, and strict documentation by investigating officers. The court clarified that DNA evidence is 'opinion evidence' under the law and must be scientifically and legally proven to be substantive in a trial.
Key Points
- Investigating officers are now strictly responsible for the secure and timely transport of DNA samples to FSL.
- A mandatory 'Chain of Custody Register' must be maintained and appended to the trial court record.
- DNA samples must reach the laboratory within 48 hours of collection to prevent contamination or degradation.
- Lapses in handling DNA evidence can lead to its rejection by courts, as seen in several past rulings.
Exam Facts
- Relevant Case: Kattavellai @ Devakar v. State of Tamil Nadu.
- Legal Provision: Section 39 of Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 45 of Evidence Act).
- Sample transport deadline: 48 hours.
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