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An important property of DNA is that it can replicate, or make copies of itself. Each strand of DNA in the double helix can serve as a pattern for duplicating the sequence of bases. This is critical when cells divide because each new cell needs to have an exact copy of the DNA present in the old cell.
DNA Analysis as Evidence DNA is the fundamental building block of a person's entire genetic make-up. DNA is found in all human cells and is the same in every cell of the same person. Genetic identity is unique. Hence, a person's DNA profile can determine his identity.[See Maria Corazon A. De Ungria, Ph.D., Forensic DNA Analysis in Criminal and Civil Cases, 1 CONTINUING LEGAL EDUC. L.J. 57 (2001).] DNA analysis is a procedure in which DNA extracted from a biological sample obtained from an individual is examined. The DNA is processed to generate a pattern, or a DNA profile, for the individual from whom the sample is taken. This DNA profile is unique for each person, except for identical twins.(See The UP-NSRI DNA Analysis Laboratory, A Primer on DNA-based Paternity Testing (2001).

In Saunders v. United Kingdom (1997) 23 ECHR 313, the European Court of Human Rights observed that right not to incriminate oneself is concerned with the will of an accused to remain silent. Use of compulsory powers in criminal procedure to obtain materials including blood samples for DNA testing from the accused, which has an existence independent of the will of the suspect ,is not included in the right against selfincrimination (which is concerned with respecting the will of the accused person to remain silent). The discussion in Selvi clearly suggests that in criminal proceedings, use of material obtained from the accused through use of compulsory powers but which has an existence independent of the person including blood samples can be used for DNA testing which would not violate the privilege against self incrimination and is legally permissible. In para 169 of the pronouncement in Selvi (supra), the court held that the amendment to Cr.P.C. provisions was informed by a rational distinction between examination of physical subsistence and testimonial acts and the statutory provision enables use of "reasonable force" for the purpose.

31. Reference can be usefully made to also the statutory position and the jurisprudence from other jurisdictions where statutory provisions are in place and law on this issue has extensively developed.

32. The taking of blood sample for the purposes of criminal investigation has long been a sanctioned procedure in other jurisdictions. The taking of bodily samples have been opposed in criminal jurisdictions primarily on account of two main reasons, the first being the protection against unreasonable searches and seizures enshrined in Charters of Citizens Rights in several jurisdictions. The second ground of opposition is premised on the common law principle of privilege against self-incrimination. (Ref : Schmerber v. California 384 US 757 (1966)3 ; State v.

ADMISSIBILITY OF DNA ANALYSIS AS EVIDENCE:

In assessing the probative value of DNA evidence, court would consider, among other things, the following data: how the samples were collected, how they were handled, the possibility of contamination of the samples, the procedure followed in analyzing the samples, whether the proper standards and procedures were followed in conducting the tests, and the qualification of the analyst who conducted the tests. There is no longer any question on the validity of the use of DNA analysis as evidence. The Courts are now moving from the issue of according "official recognition" to DNA analysis as evidence to the issue of observance of procedures in conducting DNA analysis. Thus physical evidence, corroborated by circumstantial evidence and DNA test results would prove if defendant no.1 is the son of Gabdu.