JUDGMENT Manju Goel, J. — The petitioners have been charged for offences under Sections 498-A/304-B of the Indian Penal Code. The deceased got married to petitioner No. 3, Charanjit Singh, on 26.3.2000. She committed suicide on 26.5.2000. The FIR was registered on the statement of Sohan Singh Gujral, the father of the deceased, which was recorded by Mr. Shamim Akhtar, SDM on 29.5.2000. He narrates in the statement that Sarabjeet was married to Charanjit and thereafter she went with her husband on a honeymoon to Dalhousie; that Charanjit brought her back to Jabalpur on 6.4.2000 so that she could take her B.Ed, examinations; that Sarabjeet left Jabalpur, the deceased parents’ house asking her to secure good marks in her examination; that Sarabjeet stayed there till 13.5.2000 and during this period Charanjit used to call her up but Sarabjeet remained sad; that on inquiry she kept saying that they were making demands and were not able to adjust with them that on 12.5.2000 Charanjit came to take her back and Sarabjeet although not willing to go back went with her husband on the advice of her father; that on 16.5.2000 at 11.30 p.m. Sarabjeet told me on phone that “they” were making demands but did not answer all the questions properly and that on 26.5.2000 at 6.30 p.m. the father of Sarabjeet, petitioner No. 1 herein, called me up and told me that Sarabjeet was not well; on reaching on 27.5.2000 at night he was told by her sister, who lived in Delhi, that she had seen the body of Sarabjeet and that she had been strangulated and had been hung. A suicide note was shown to me by IO Babu Lal. 2. The mother of the deceased also made a statement on 29.5.2000 before the S.D.M. in which she makes a specific allegation that the petitioners were asking for a Maruti car and that the deceased feared that unless the Maruti car was given she would be killed by the petitioners. The mother further stated before the SDM that the deceased used to remain depressed and even in her sleep she used to talk about her fear of being killed unless the Maruti car had been given. 3. The learned trial Court on the basis of these two statements framed charges under Sections 498-A/ 304-B of the Indian Penal Code. The mother further stated before the SDM that the deceased used to remain depressed and even in her sleep she used to talk about her fear of being killed unless the Maruti car had been given. 3. The learned trial Court on the basis of these two statements framed charges under Sections 498-A/ 304-B of the Indian Penal Code. The impugned order says that the accused had relied upon the suicide note on which no allegation of any kind had been made against the petitioners. The charge was, however, made as the learned trial Court found that the statements of witnesses and documents brought on record provided sufficient material for framing of charge. 4. In the revision petition the petitioners have raised several grounds for challenging the impugned order. It has been pointed out that the E-mails exchanged between the deceased and her husband which express deep love between the two have not been taken into account by the learned trial Court. These, E-mails and letters, it is stated at the bar by Mr. K.T.S. Tulsi, Senior Advocate appearing for the petitioners, and not disputed by the State, were seized by the investigation and have been placed on the challan file. It is further pointed out here that the statements of the mother of the deceased was self-contradictory and that the statement of the father of the deceased was vague. The suicide note itself stated that she committed suicide because she was not proving to be a good wife and that the members of the petitioners’ family have been cordial towards her. The E-mails and letters together with the suicide note, Mr. Tulsi submits, showed that the deceased was not prepared for a matrimonial knot and could not adjust and find herself in the new surroundings of the matrimonial home and, therefore, went into depression. 5. Before going to the law cited by the learned Counsel for the petitioners, it will be appropriate to have a look at the contents of the E-mails and letters and to the suicide note. The handwriting of the suicide note has been established by forensic laboratory and there is no doubt that the document is genuine. The note is rather long. It narrates that she married in March, 2000 and that she had become somewhat different (ajeeb) and that she did not know why she had become like that. The handwriting of the suicide note has been established by forensic laboratory and there is no doubt that the document is genuine. The note is rather long. It narrates that she married in March, 2000 and that she had become somewhat different (ajeeb) and that she did not know why she had become like that. She says that her brain has been asking her to commit suicide. She has expressed her regrets for not possessing the good virtues of a woman and that she is unable to look after either her husband or her in-laws. She specifically says that her in-laws have not caused her any harassment on any count and that her death be treated as merely a suicide. There is a postscript again asserting her request that the members of the family may not be harassed on account of her suicide. 6. The translated version of suicide note is extracted below for a complete understanding of state of mind that is revealed by the note: “I was married on 26th March, 2000. Ever since that day, I am not feeling normal. I do not know the reason. In spite of being a woman, I am not able to fulfil the responsibilities of a woman. I do not know what has come over me. I am committing suicide. Because my mind tells me to do this. The members of this house are very good. But I am not feeling as if I am a woman. My husband is a very nice man. But I am not upto him. I do not want that after my death, anybody should trouble the members of this house. I simply sit idle the whole day. I am left with no emotions or feelings. There is neither any happiness within me nor any grief. I cannot live like this. I am not able to take care of my husband nor anyone else. My heart as well as my mind is not able to accept this change. Maybe it is natural that immediately after marriage, a woman is able to adjust to her matrimonial home but I am not able to do it. I have become shameless. If I go to my parents’ home at Jabalpur, still there won’t be any solution. I have not suffered anything at the hands of my in-laws. Maybe it is natural that immediately after marriage, a woman is able to adjust to her matrimonial home but I am not able to do it. I have become shameless. If I go to my parents’ home at Jabalpur, still there won’t be any solution. I have not suffered anything at the hands of my in-laws. Therefore, no one should trouble them and this should be considered as a suicide. My real name is Sahanubhooti (Sannu) but I am known here as Sarabjeet. 3.30 p.m. Sd/-S. Mongta P.S.: Please don’t trouble the family members. ” 7. Apart from this suicide note there is another letter addressed by her to her parents dated 19.5.2000 which translated into English stands as under: “Dearest Mummyji and Daddy ji I am committing suicide. Because I am not able to follow your footsteps. I know you and Daddyji would feel very sad. But I do not have any other option. I do not want to live. I am not able to fulfil my duties. Therefore, I am dying.” 8. The E-mails and letters show frequent communication between the husband and wife. Apart from the daily casual affairs these E-mails and letters express her discomfort in new matrimonial home. For example in the letter dated 17.4.2000 she says “You must be thinking what kind of girl you have married. But when I come close and other members of the family I became nervous, I don’t know why? I wanted to say something I say something else. My mind stops working.” 9. In the letter dated 25.4.2000 she says, inter alia, “Your E-mail is great help for me. You are helping me a lot.” and then “Yes only few days are left for me to come to Delhi. I am afraid as well as anxious to meet you and everybody at home. I think this time I will cry a lot”. In her letter dated 26th April, 2000 she says “I am fine here. Most of the time I was not in senses. I don’t understand what to say. In these days of separation I try to understand the relationship between husband and wife. I will always be there with you. I love you and will always love you..... I am also counting the days and now I am mentally prepared.” 10. Most of the time I was not in senses. I don’t understand what to say. In these days of separation I try to understand the relationship between husband and wife. I will always be there with you. I love you and will always love you..... I am also counting the days and now I am mentally prepared.” 10. It is not necessary to narrate all the E-mail messages here because they are of the same quality. There is no mention in any of these communications of there being any unhappiness on her part on account of behaviour of any of the petitioners. 11. The question that arises is whether in view of the statements of the parents of the deceased alone charge can be framed by overlooking the other evidence including the suicide note which also is a part of material placed on the record by the prosecution itself. 12. What emerges prima facie is as under: (a) The prosecution is utterly dependent on two statements, namely, that of the father and that of the mother of the deceased. The two statements do not corroborate each other. The father’s statement vaguely says that the accused used to have demands. The words ‘demands’ have not been clarified in any way. The father does not mention any torture. The mother, on the other hand, makes a specific statement of a demand regarding the Maruti car and her daughter’s apprehension of being killed unless the Maruti car was given. (b) The suicide note exonerates the accused and even makes a specific request not to harass them on account of her death. (c) The relationship between the deceased and her husband during the brief period between the marriage and the death was loving, if the E-mails exchanged between the deceased and her husband have any weight. (d) The E-mails as well as the suicide note show that the deceased had something in her mind which disturbed her on account of which she felt that she was not being able to prove a good wife and that made her sad. 13. The total evidence so far discussed above is all collected by the investigation itself. The entire thing has to be placed before trial Court and when the totality of the circumstances is seen the prima facie case that emerges is one of innocence and not of guilt. 13. The total evidence so far discussed above is all collected by the investigation itself. The entire thing has to be placed before trial Court and when the totality of the circumstances is seen the prima facie case that emerges is one of innocence and not of guilt. The facts of this case appear to be very similar to those in the case of Gurcharan Kumar and Another v. State of Rajasthan1 . In that case the suicide note of the woman who died within 2-1/2 months of her marriage did not contain any statement which could be used against the accused, the several letters written by her to the mother, sister and friends also produced by the prosecution did not show that the woman was being subjected to cruelty or harassment in connection with any demand of dowry. On the contrary, the letters indicated that she was receiving love and affection inner matrimonial home. Despite the fact that the father, mother and sister of the deceased were produced in support of the pro-secution, the case resulted in acquittal. 14. On behalf of the prosecution, Ms. Richa Kapoor, places reliance on the Supreme Court judgment in Munna Devi v. State of Rajasthan & Anr.2, to argue that once the trial Court has framed a charge the High Court cannot appreciate the evidence in the manner as in trial and interfere in the framing of charge. Similarly in Omwati (Smt.) and Another v. State, Through Delhi3  the High Courts have been discouraged from interfering at the stage of charge. None of the two judgments, however, holds that the High Court does not have the revisional power over an order of charge. Only this power has to be exercised with caution. 15. The judgment in the case of Ram Kumar Laharia v. State of M.P. and Another4, is on its own peculiar facts. The judgment in the case of Tuncay Alankus and Another, etc. etc. v. Union of India, etc.5 , of this High Court is cited to argue that when material collected show strong suspicion to form a presumptive opinion as to the existence of the factual ingredients constituting an alleged offence, it would be appropriate to frame a charge. The judgment in the case of Tuncay Alankus and Another, etc. etc. v. Union of India, etc.5 , of this High Court is cited to argue that when material collected show strong suspicion to form a presumptive opinion as to the existence of the factual ingredients constituting an alleged offence, it would be appropriate to frame a charge. Another judgment of this Court cited by the prosecution is in the case of Romesh Sharma v. State6, which also shows that circumstances showing grave suspicion against the accused would be sufficient to frame a charge. Another judgment cited by the prosecution is State of M.P. v. S.B. Johari & Ors. etc.7, is also on its own peculiar facts in which the Supreme Court has set aside the judgment of the High Court of M.P. in discharging an accused. 16. The law on the point as to when an accused can not be discharged or can be charged in situation where contra-dictory evidence is on record has been best laid down in the case of Union of India v. Prafulla Kumar Samal and Another8 . After examining all the pros and cons the following guidelines has been laid down in para 10 of the judgment which can be extracted with profit: “10. Thus, on a consideration of the authorities mentioned above, the following principles emerge: (1) That the Judge while con-sidering the question of framing the charges under Section 227 of the Code has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out. (2) Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained the Court will be fully justified in framing a charge and proceeding with the trial. (3) The test to determine a prima facie case would naturally depend upon the facts of each case and it is difficult to lay down a rule of universal application. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused. By and large however if two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion against the accused, he will be fully within his right to discharge the accused. (4) That in exercising his juris-diction under Section 227 of the Code the Judge which under the present Code is a senior and experienced Court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad proba-bilities of the case, the total effect of the evidence and the documents produced before the Court, any basic infir-mities appearing in the case and so on. This how ever does not mean that the Judge should make a roving enquiry into the pros and cons of the matter and weigh the evidence as if he was con-ducting a trial.” 17. The first thing that this judgment gives us is an assurance that the Court has the power to sift and weigh the evidence although for the limited purpose of finding out whether a prima facie case against the accused has been made out. What is a prima facie case, the judgment again says, would naturally depend upon the facts of each case and then it proceeds to say that if two views are equally possible and the Judges are satisfied that the evidence produced before him while giving rise to some suspicion but does not raise grave suspicion against the accused, he will be fully within his right to discharge the accused. If these two principles are put to work in this case, then the decision has to work in this case, then the decision has to go in favour of the accused. The fact of sifting and weighing of evidence has been done in paragraph 12 above. The prima facie case has emerged in favour of the accused rather than in favour of the prosecution. This case is better than the two equally possible views. I am not able to persuade myself with the plea of the prosecution that it gives rise to grave suspicion against the accused, although in view of the statement of the mother of the deceased some suspicion can arise. This case is better than the two equally possible views. I am not able to persuade myself with the plea of the prosecution that it gives rise to grave suspicion against the accused, although in view of the statement of the mother of the deceased some suspicion can arise. Finally, the judgment says that the Court is not merely a post office or mouthpiece of the prosecution but has to consider the broad probabilities before the Court, any basic infirmity appearing in the case and so on. The guidelines given by the Supreme Court in the case of Prafulla Kumar (supra) requires that the petitioners to be discharged. Accordingly I allow the revision petition and set aside the order framing charge and discharge the petitioners. Revision allowed. 1. 2003 (2) SCC 698 . 2. 2001(8) Supreme 172 . 3. SCC (Crl.) 685. 4. 2001 SCC (Cril.) 375. 5. 2000 Crl. Law Journal 3280. 6. 2001 I AD (Crl.) DHC 304. 7. 2000(l) Crimes 165 (SC). 8. (1979) 3 SCC 4 . 2005 (1) Crimes Article DNA TECHNOLOGY AND ITS SIGNIFICANCE IN THE DETECTION OF CRIMES IN MODERN SOCIETY* By Pooja Chugh** INTRODUCTION Present world is the world of science and technology. The rate at which the globe has progressed is commendable. Science has given the investigating agencies fruitful methods like fingerprint analysis, handwriting analysis, blood group testing and other forensic tools to help them in tracing the criminals and establish their guilt. DNA technology is coming up as the most modern and authentic technology in tracing down the criminals not only in recent crimes but also in relation to past unsolved crimes. This technology can be used in tracing criminals by taking DNA from crime scene and comparing it with samples taken from the suspect. It can help in either linking the suspect to the crime or exonerating him. It can also be applied in cases in which the suspect is not known. By taking the sample of DNA from the crime scene it can be compared with those in the databank. The greatest advantage of this technology is that DNA is so specific in very individual that it is impossible to tamper with it i.e. one cannot change his DNA as he can easily do that in case of his looks by taking the help of plastic surgery. Invention of DNA fingerprinting has revolutionised the forensic science. The greatest advantage of this technology is that DNA is so specific in very individual that it is impossible to tamper with it i.e. one cannot change his DNA as he can easily do that in case of his looks by taking the help of plastic surgery. Invention of DNA fingerprinting has revolutionised the forensic science. Crime detection is becoming much easier with the help of DNA technology. This technology has been found to be extremely useful in civil as well as criminal proceedings. DNA profiling, being the most potent and accurate method to identify the individual, should be made use of in the cases of rape, murder, kidnapping, robbery, burglary, exchange of babies, infanticide; aban-doned child, illegal abortion, parentage related disputes, immigration,’ assassi-nations etc. Use of scientific techniques in the investigation of crimes has come of age now. In the advanced countries like the United Kingdom and the United States, the Police and the Investigating Agencies are more and more relying on the newly developed scientific techniques for the detection of crime. The DNA technology is one of the most recent as well as most reliable techniques being put to use as far as crime detection is concerned. MEANING AND CONCEPT OF DNA TECHNOLOGY The initials DNA stand for Deoxy ribonucleic acid. It was first isolated by the scientist Fraderick Meisher from nucleus of pus cell in 1869. Because of its acidic nature, it was initially named Nucleic Acid. Later on, experiments performed by the scientists viz, Grifith, OT Avery, CM Macheod and Me Carty established that DNA is carrier of information which transmits the hereditary character in a coded form from one generation to the next generation. DNA is, infact, the biological blue print of life. DNA finger printing profile is unique to each individual and its structure varies from individual to individual. Due to this peculiarity, DNA is being made use of in solving many legal issues, such as, parentage dispute, crime detection and identification of criminals etc. Deoxy ribonucleic acid is found in the cells of all living things, including the human body. The DNA is very long molecule and is found in the nucleus of cells. Although each person’s DNA is unique (unless he/she has identical twin), the technique for identification only look at small parts of the DNA. Deoxy ribonucleic acid is found in the cells of all living things, including the human body. The DNA is very long molecule and is found in the nucleus of cells. Although each person’s DNA is unique (unless he/she has identical twin), the technique for identification only look at small parts of the DNA. It is important to realise that a person will have the same DNA throughout their body in every cell with a nucleus. That is, the same DNA Profiling results for one person will be obtained whether testing blood, semen or muscle tissue. DNA Profiling is carried out when human biological fluid or tissue is found at a crime scene and used as evidence to link to, or exclude from, that scene, a possible suspect. DNA Profiling can only be used if there is enough DNA in the samples, and is only useful in comparing samples. Crime samples can be compared to a sample from a known subject or compared to a Data Base of DNA Profiling results from other scenes or from convicted offenders. If there is ‘Match’, the two samples may have originated from same person. A recent development discovered in Victoria is that a DNA Profile can be obtained from objects touched by skin, providing a powerful new tool for scene investigation. However, the high sensitivity of this method means that extra caution must be taken when exhibits are handled. If a particular exhibit is handled by a number of people the DNA profiling results indicate a mixture; so interpretation is not always straightforward. Regarding the application of DNA, Firstly it can be applied to establish the paternity and maternity of the child. This can be helpful in disputes relating to maintenance and inheritance. Secondly, it can be applied to identify children in child swapping cases occur-ring in hospitals. Thirdly, DNA can be used in iden-tification of sex of human remains. Fourthly, it can be used to match organ donors with that of recipients in case of transplants. Fifthly, it can be used to identify bodies in mass disasters. It is also helpful in identification of mutilated remains of human bodies in hit and run cases. DNA identification technology was used to identify persons who died in World Trade Centre tragedy. Sixthly, it is used to confirm the identity of a person. Fifthly, it can be used to identify bodies in mass disasters. It is also helpful in identification of mutilated remains of human bodies in hit and run cases. DNA identification technology was used to identify persons who died in World Trade Centre tragedy. Sixthly, it is used to confirm the identity of a person. A DNA test was got conducted by the American Government of Saddam Hussain when he was arrested by American Army from his underground abode. It was only after the DNA test that the American Government officially announced and confirmed that the person arrested was Saddam Hussain. Seventhly, it is helpful in tracing the culprit in sexual assault cases. Since it is a new technology it has an added advantage over the conventional Blood Group Scretor Test. In this it is possible to distinguish between vaginal fluids and mixed semen, but this is not possible in blood group techniques. Recently in Maulana Azad Medical College student rape case the DNA fingerprinting report has pointed presence of main accused’s genetic material on the exhibit sent for analysis. The DNA fingerprint on personal object of victim showed a mixed profile which was of victim and the accused. DNA TECHNOLOGY AND FINGER PRINTING A well known method to identify criminals is fingerprinting. Since 1985, DNA typing of biological material has become one of the most important tools for personal identification in forensic medicine and criminal investigation. Classical DNA finger printing is increa-singly being replaced by Polymerise Chain Reaction (P.C.R) based technology which detects vert molymorphic stretches by DNA. Many European counties including U.S.A are starting to establish Database to store DNA profiles of crime scenes and known offenders. The technique of DNA fingerprinting was developed for the first time (1985-1986) by Sir Alec Jeffery and his colleague in Leicester University in UK. In the field, establishment of the identity of a person by the help of bloodstain, semen stains, hair roots has become possible with almost certainty. Technique of DNA fingerprinting reveals such polymorphism that the possibility of two persons having same pattern of DNA fingerprinting is very remote. No two persons have the same set of prints of digits and palms. This fact is used to identify a particular criminal. Forensic biology has advanced by leaps and bounds in the last decade. Forensic biology involves testing of biological evidence material and paternity testing. No two persons have the same set of prints of digits and palms. This fact is used to identify a particular criminal. Forensic biology has advanced by leaps and bounds in the last decade. Forensic biology involves testing of biological evidence material and paternity testing. Polymorphism at the DNA level is a genetic variation that is being used to advantage. A new test called DNA fingerprinting looks directly at persons genetic make up. Fingerprinting is a well-known method of identifying criminals by means of their digital or palmar prints (of Finger prints, Gallon system) Forensic biology - the testing of biological evidence material are paternity testing- has advanced dramatically over the last three years. Forensic biology should prepare itself to take advantage of a new category of genetic variation: polymorphism at the desoxyribonucleic acid (DNA) level. The new test, called DNA fin-gerprinting, looks directly at a person’s genetic make up. In simplified form, the process works as follows: The DNA is extracted from the nuclei of white blood cells (or of spermatozoons or of the hair follicie cells that cling to the roots of hairs that have fallen, or been pulled out). A DNA sample is first digested with a restriction enzyme that cuts it into fragments only at specific sites. The number of these sites present in an individual’s DNA dictates the number and size of DNA fragments generated by the enzyme. The fragments are separated according to size by gel electrophoresis. When this process is repeated with several enzymes, each of which cuts at different sites, enough information is gathered to construct a detailed genetic fingerprint of a person. For detecting the fragments, Jeffreys produced probes, short pieces of radioactively labelled DNA, that specifically bind to the core sequences. The locations of the fragments that bind the radioactive probes are detected with x-ray film. This produces a picture of a strip of 30 to 40 dark bands, which looks something like the bar codes’ used to identify items at the grocery store. The degree of biological variation is so high that every individual, with the exception of identical twins, produces a unique band pattern, much as every individual has a unique set of ordinary (Gallon system) fingerprints. The degree of biological variation is so high that every individual, with the exception of identical twins, produces a unique band pattern, much as every individual has a unique set of ordinary (Gallon system) fingerprints. In India, DNA fingerprinting tests are carried out at the Centre for Cell and Molecular Biology (C.C.M.B) Hyderabad, the first such tests on DNA fingerprint was first used in 1989 to settle a drawn- out paternity case in Madras. In USA, more than 50 public forensic DNA laboratories of repute are working at present. The technique of “DNA finger-printing” or ‘DNA profiling” was first developed in the mid-1980s, and is now an increasingly common tool used by law enforcement authorities. It is a form of identification testing, and is undertaken differently to other forms of genetic testing. DNA fingerprinting profiles are unique to each individual. When adequate number of DNA patterns in two unrelated individuals are compared, the chances of complete similarity are 1 in 30 billion to 300 billion, that is half the population of the world. In India, more than sixty- nine cases have been solved with the help of DNA fingerprinting, including paternity disputes. Even the alleged assassins of Late Prime Minister Shri Rajiv Gandhi, were identified by DNA profiles. DNA fingerprinting is useful in cases of exchange of babies, rapes, murder, assassination, paternity related disputes, inheritance etc. DNA or Deoxyribonucleic acid consists of four nitrogenous bases adenine, thymine, cytosine, guanine and phosphoric acid arranged in a regular structure. It is a polymer of nucleotides, which are the units strung together to form a DNA strand. The backbone of a DNA strand is formed by a sugar base component and a phosphate group. The DNA molecules is composed of two DNA strands coiled in a double spiral (helix). The procedure can be used in the absence of other routine criteria, even with very small samples and after a very long interval of incident. Under the Transplantation of Human Organs Act 1994, to establish the identity of near relationship of donor and recipient, two’ multilocus gene probe test is required in cases of doubt. Using this technique, the Federal Bereau of investigations formally concluded on 17 August 1998, the day of Mr. Clinton’s testimony before the grand jury, that the stain on the dress contained Mr. Using this technique, the Federal Bereau of investigations formally concluded on 17 August 1998, the day of Mr. Clinton’s testimony before the grand jury, that the stain on the dress contained Mr. Clinton’s DNA, saying that there was only one in 7.87 trillion chance that it was not.1 Identity of a criminal is determined by comparing the accused man’s DNA fingerprint with that of the blood or seminal stain found at the scene of crime. If the DNA fingerprints are identical, there is an absolute identi-fication. Paternity is determined by comparing the accused man’s DNA fingerprint with that of the child. DNA fingerprinting and HLA analysis is not unique to any individual whereas DNA fingerprints are unique, except in identical twins. USE OF DNA TECHNOLOGY IN THE DETECTION OF CRIME Crime is a social and economic phenomenon and is as old as the human society. From the time immemorial every society enacts laws to protect the society from crimes and criminals. State implements these laws through various enforcement agencies. For successful detection of crime, honest and qualitative investigation is an indispensable requirement. The past decade has seen great advances in a powerful criminal justice tool: deoxyribonucleic acid, or DNA. DNA can be used to identify criminals with incredible accuracy when biological evidence exists. By the same token, DNA can be used to clear suspects and exonerate persons mistakenly accused or convicted of crimes. In all, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system. Forensic Science can play an effective role for crime detection and investigation. At the investigation stage when the police searches the crime scene, many important clues are collected by them and then these are sent to forensic laboratories for analysis. This analysis focus further investiga-tions and may also be used as evidence in trial. This further helps investigating agencies to speed up process of booking the criminal and effectively administer criminal justice. It is the tendency of the criminals to destroy all sorts of proofs or evidences, which will be used against them in criminal trial. New Forensic Science technique like DNA can play an effective role in solving complex crimes. Using DNA Technology, the Criminal Courts in India have solved many complicated cases. It is the tendency of the criminals to destroy all sorts of proofs or evidences, which will be used against them in criminal trial. New Forensic Science technique like DNA can play an effective role in solving complex crimes. Using DNA Technology, the Criminal Courts in India have solved many complicated cases. For instance, in Rajiv Gandhi Bomb Blast case DNA samples of alleged assassin Dhanu were compared with her relatives which gave conclusive proof of her involvement in the crime and in Naina Sahni Tandoor Case, DNA samples of badly charred deceased body of Naina Sahni were compared with the samples of her parents and conclusively established her identity. Likewise assassins of Late Chief Minister Mr Beant Singh was identified with the help of DNA test. In USA, quite recently, in Clinton Lewinsky case, Federal Bureau of Investigations formally concluded on 17 Aug 1998, the day of Mr Bill Clinton’s testimony before grand jury, with the aid of DNA test that the stain on her dress contained Mr Clinton’s DNA. DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system. DNA can be used to identify criminals with incredible accuracy when biological evidence exists, and DNA can be used to clear suspects and exonerate persons mistakenly accused or convicted of crimes. When an offender has left any DNA samples at a crime scene (for example, in the form of blood, hair, sweat, semen or saliva), a forensic analyst will compare these samples with a DNA samples taken from a suspect- or a DNA database- to find a match. If there is a match between the samples, the analyst will consider the statistical likelihood that the sample found at the crime scene could have come from someone other then the suspect or victim. This analysis will help focus further investigation, and may also be used as evidence at trial. DNA evidence is used not only in the investigation of recent crimes, but also in relation to past unsolved crimes. Samples taken from crime scenes and held in police files, in some cases for decades, may lead to identification of offenders or bodies (such as at the World Trade Center, New York) using the new DNA identification technology. The establishment of DNA databases has increased the potential to identify offenders of past crimes. Samples taken from crime scenes and held in police files, in some cases for decades, may lead to identification of offenders or bodies (such as at the World Trade Center, New York) using the new DNA identification technology. The establishment of DNA databases has increased the potential to identify offenders of past crimes. CONCLUSION Since DNA profiling is the most reliable scientific technique and it can revolutionize the criminal justice procedure. So a uniform DNA legislation in this connection is urgently needed in India. It requires amendments and insertion of new sections in Indian Evidence Act, Code of Criminal Procedure and Indian Penal Code. DNA technique is not only a benefit to the law enforcement agencies but also a benefit to the society as a whole. Steps must be taken to provide law enforcement agencies with the knowledge and tools necessary to carry out their responsibility to those they serve. DNA technology not only provides a solid foundation by which convictions, can be justified, but more importantly serves as an objective resource, by which the wrongly accused can find immediate absolution. There are certain other suggestions made to keep the Indian Law changing with the changing needs of the society using scientific and technological developments such as DNA technology, firstly the Malimath Committee Report on Criminal Justice System recommendations regarding ART. 20(3), Evidence Act, Code of Criminal Procedure forensic labs and DNA tests are to be implemented, secondly the Indian Evidence Act Code of (sec 112) and Code of Criminal Procedure (Section 293) should be suitably amended to consider DNA test as conclusive proof, thirdly courts should be given powers to order DNA test whenever it is expected to provide conclusive evidence, fourthly forensic labs should be modernized and increased in number, fifthly expert witnesses should be given importance by the courts, sixthly standard method and guidelines for analysing DNA prints should be developed, seventhly a balance should be maintained between technology and public policy, and then privacy of the individuals should be safeguarded while compelling them for DNA tests. Thus we see DNA evidence has conclusively established a special place in the legal system but it is also a matter of concern that there are many hurdles like establishment of laboratories, training the police personnel, quality control, collection of samples, finances, public awareness etc. which need to be tackled. Thus we see DNA evidence has conclusively established a special place in the legal system but it is also a matter of concern that there are many hurdles like establishment of laboratories, training the police personnel, quality control, collection of samples, finances, public awareness etc. which need to be tackled. The Parliament has already established Advisory Committee to look into some of these aspects. One hopes this is sorted out at the earliest so that we can proceed with full swiftness on this path in the furtherance of truth. I would like to conclude my paper with the observations that gone are the days when the crimes were detected with the help of traditional techniques and methods like custodial torture and custodial interrogation. Modern age is the age of science and technology and the fact that the criminals have been adopting new ways and means to commit crimes, the investigating agencies have to tackle the crime in society by making proper use of new techniques which are scientific and accurate and are helpful in the timely detection of criminals. It is in this context that the DNA technology’s significance as the scientific crime detection tool has to be appreciated. References Modi’s Medical Jurisprudence and Toxicology 1998. www.medivisionindia.com/forensicmedicine/dinafingerprinting. phtml www.usdoj.gov/ag/drapolvybook_ solve_crimes.htm www.usdoj.gov/dropolicybookexswn. htm * This is the revised version of the paper presented at the National Seminar on DNA Technology and the Law organized by the Guru Nanak Dev University, Regional Campus, Jalandhar on 27 and 28 March, 2004. ** LL.M. IInd Year Student, Department of Laws, Guru Nanak Dev University, Amritsar.