The Bhartiya Sakshya Adhiniyam (BSA) 2023 (replacing the Indian Evidence Act) — regarding DNA evidence — clarifies that DNA profiling reports prepared by a government or accredited laboratory are:
- A Admissible as expert opinion evidence and can be relied upon by the court, with the analyst's attendance at court mandatory only when the court so directs ✓
- B Inadmissible unless the analyst personally testifies in court on each occasion
- C Only admissible in civil cases, not criminal proceedings
- D Treated as conclusive proof equivalent to a confession
Explanation
Under the BSA 2023 and its predecessor Evidence Act provisions, reports from government scientific laboratories (including DNA profiling, FSL reports, chemical examiner reports) are admissible as expert opinion under the relevant evidence section. The analyst need not attend court automatically; their attendance may be directed by the court if challenged. DNA evidence is treated as opinion evidence with a very high probative value (not conclusive proof), and courts consider it alongside other corroborative evidence in criminal proceedings. It does not substitute for or equal a confession.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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