The introduction of India’s new criminal laws marks one of the most significant shifts in the country’s justice system in decades. A central feature of these reforms is the expanded use of DNA fingerprinting and forensic science to strengthen criminal investigations, improve evidence quality, and support faster delivery of justice.
However, while DNA profiling is widely regarded as one of the most reliable forensic identification techniques, experts caution that its success depends not only on scientific accuracy but also on strong legal safeguards, laboratory capacity, quality control, and privacy protections.
Why DNA fingerprinting matters
DNA fingerprinting identifies individuals by analysing unique regions of their genetic material obtained from biological evidence such as blood, saliva, hair, semen, or tissue. Since its development in the 1980s, it has transformed criminal investigations by helping investigators:
- Link suspects to crime scenes
- Exonerate wrongly accused individuals
- Identify unknown victims and missing persons
- Solve cold cases through DNA database matching
In India, forensic DNA technology has been used in courts for decades and is increasingly considered an essential component of scientific evidence.
What changes under the new criminal laws?
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 significantly expands the role of forensic evidence during criminal investigations.
Key provisions include:
- Mandatory forensic evidence collection from crime scenes in offences punishable with seven years or more.
- Continued use of DNA profiling in investigations involving sexual offences.
- Greater integration of scientific methods into routine police investigations.
- Increased emphasis on digital documentation and evidence preservation.
These reforms aim to reduce dependence on purely testimonial evidence and encourage evidence-based prosecution.
The growing DNA database debate
Alongside BNSS, the Criminal Procedure (Identification) Act, 2022 permits the collection and analysis of biological samples from certain categories of arrested persons, convicts, and preventive detainees. The National Crime Records Bureau (NCRB) has been assigned responsibility for maintaining measurement records, including biological data under the Act.
Supporters argue that national DNA databases can help solve repeat offences and identify offenders more efficiently. Critics, however, warn that broad collection powers may increase the risk of unnecessary inclusion of individuals in forensic databases if adequate safeguards are absent.
The forensic challenges India must address
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Sample contamination DNA evidence is only as reliable as the way it is collected and preserved. Improper handling, transportation, or laboratory processing can contaminate samples and compromise results. Internationally, several high-profile criminal trials have demonstrated how contamination can become a major point of legal challenge.
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Laboratory capacity Mandatory forensic examination for serious offences is expected to substantially increase the workload of forensic laboratories. Courts have already observed that existing central and state laboratories may face significant pressure in processing biological evidence, particularly DNA samples.
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Shortage of trained experts Expanding DNA-based investigations requires more forensic biologists, DNA analysts, crime scene experts, and accredited laboratories. Without sufficient human resources, delays in forensic reporting may continue despite legal reforms.
Privacy and ethical concerns
DNA contains deeply personal genetic information. Unlike fingerprints, genetic material may reveal sensitive biological characteristics if broader portions of the genome are analysed.
Experts have therefore recommended that forensic DNA profiling remain restricted to non-coding DNA regions, which are internationally used for identification rather than predicting medical or physical traits. Such limitations help reduce risks of genetic profiling and protect individual privacy.
Another unresolved issue is governance. The proposed DNA Technology (Use and Application) Regulation Bill, 2019, which envisioned an independent DNA Regulatory Board, was withdrawn in 2023. Although some administrative functions now rest with the NCRB, concerns remain regarding independent oversight of DNA laboratories and national databases.
The road ahead
India’s new criminal laws clearly signal a transition toward forensic-led policing. DNA fingerprinting has enormous potential to improve the accuracy of investigations, reduce wrongful convictions, and strengthen scientific justice. Yet technology alone cannot guarantee fairness. For successful implementation, India will need:
- Accredited and well-equipped forensic laboratories
- Standardised DNA collection and preservation protocols
- Independent regulatory oversight
- Robust privacy and data protection mechanisms
- Continued training of investigators and forensic professionals
The future of DNA fingerprinting in India will depend not merely on expanding its use, but on ensuring that scientific evidence is collected, analysed, and governed with the highest standards of accuracy, accountability, and public trust.