Supreme Court issues guidelines for collection, preservation, processing of DNA/forensic evidence-OxBig News Network

Noting that there’s lack of a common procedure for collection of DNA samples resulting in acquittal of accused persons, the Supreme Court has issued nationwide guidelines to ensure proper collection, preservation and processing of DNA and other forensic evidence in criminal investigations.

While acquitting a man sentenced to death for murdering a couple and raping the woman victim, a Bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta highlighted serious procedural lapses in handling of DNA evidence in the case.

“The Registry is directed to send a copy of this judgment to all high courts and also the directors general of the police of all states to ensure necessary compliance. The police academies of the states are requested to examine the necessity of conducting training of the investigating officers to ensure full compliance with the requisite precautions and procedures in accordance with the directions issued herein,” the Bench said on Tuesday.

Writing the judgment for the Bench, Justice Karol allowed the appeal of appellant-convict Kattavellai alias Devakar, and the top court directed him to be released forthwith, if not required in any other case.

Noting that Kattavellai has secured a clean acquittal, the Bench highlighted the lack of a law to compensate those acquitted after long incarceration. Such provisions existed both in federal and state statutes in the US, it pointed out.

However, it said, “Let it be clarified that we are not commenting as to whether the day of reckoning with this question has arrived, but we may only see that in case such an approach is adopted, we would not be breaking new ground but only affirming our commitment to the constitutional guarantee of Right to Life under Article 21 of the Constitution.

“There are two ways that compensation can be claimed – tort claims/civil rights suits/moral bills of obligation and statutory claims. Given the variety of statutes across jurisdictions, grounds for compensations/procedures vary significantly. Well, it is for the legislature to consider this aspect,” it said.

The collection of DNA samples once made after due care and compliance of all necessary procedure, including swift and appropriate packaging including a) FIR number and date; b) Section and the statute involved therein; c) details of IO, police station; and d) requisite serial number shall be duly documented and shall have the signatures and designations of the medical professional present, the investigating officer and independent witnesses, it said.

The IO shall be responsible for the transportation of the DNA evidence to the police station or hospital concerned, as the case may be. He shall ensure that the samples reach the forensic science laboratory concerned with dispatch and in any case not later than 48 hours from the time of collection, it said.

DNA samples stored pending trial appeal etc shall not be opened, altered or resealed without express authorisation of the trial court acting upon a statement of a duly qualified and experienced medical professional, the top court said.

“Right from the point of collection to the logical end, ie, conviction or acquittal of the accused, a Chain of Custody Register shall be maintained wherein each and every movement of the evidence shall be recorded with counter sign at each end thereof stating also the reason therefor,” it said.