W.P. (C.) Nos. 491/2012. Case: Lokniti Foundation Vs U.O.I. (Union of India). Supreme Court (India)

Case NumberW.P. (C.) Nos. 491/2012
JudgesDipak Misra and V. Gopala Gowda, JJ.
IssueCriminal Law
Judgement DateJuly 14, 2014
CourtSupreme Court (India)


1. Learned Counsel for the Petitioner has drawn our attention to certain assertions made in the writ petition contained in paragraph 17(iv) to 17(vi), which reads as under:

"17(iv) In the United States, the Federal Bureau of Investigation (FBI) initiated CODIS (Combined DNA Index System) in the early 1990's and this was an attempt towards blending forensic science and computer technology into an effective tool for solving violent crimes. CODIS is implemented as a distributed database with three hierarchical levels -national, state and local level. Currently, FBI also manages NDIS (National DNA Index System). These DNA systems, inter alia, extensively use DNA profiling for assisting in criminal investigation, etc. [Source: http://www.fbi.gov/about-us/lab/codis].

v) The U.K. Police has also successfully implemented DNA database in 1995 based on the FSS-i3 software.

vi) The INTERPOL Global DNA Profiling Survey 2008 showed that out of 172 INTERPOL member countries, 120 member countries (i.e. about 66% of the countries) were using the method of forensic DNA profiling in criminal investigation, and as many as 54 countries had set up their own full-fledged National DNA databases. [Source: http//www.interpol.int/content/download/8994/669 50/version/2/file/Global DNA Survey.pdf]. It may be pertinent to submit that this information is up to the year 2008, and it appears that more countries might have started using DNA profiling after that.

However, unfortunately, it appears that India is NOT one of these 120 INTERPOL countries using DNA profiling in criminal investigation till date, since the proposal submitted by Director CBI for introducing DNA profiling even for the limited purpose of matching unidentified dead bodies with missing persons has not been approved by Respondent No. 1 since the year 2007, what to speak of using DNA profiling for various other purposes of criminal investigation".

Mr. Kaul, learned ASG submits that...

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