CHAPTER: 2

DNA PROFILING: THE HISTORICAL PERSPECTIVE

2.1 INTRODUCTION

Study of a subject would be deficient, unless and until one knows how it came
into existence. ‗History is not only the past remembered, but recovered and invented‘.
It is the link between the past and the present, a continuous process, and has to be
preserved for the benefit of the future‘. The history of forensic medicine is a part of
history in general and a part of the story of the progress of the man through the ages.

2.2 HISTORY OF FORENSIC SCIENCE

Existence of crime, and development of medicine, both find traces since

antiquity. To the earliest man, medicine was known in the form of magic, witchcraft,
and worship of various objects of nature. To protect them from their effect, the ancient
man framed set of regulations, which was the origin of medical jurisprudence. With
the advancement of civilization, the knowledge of medicine also improved and
medical knowledge was then applied for the purpose of law and justice. Science and
law, both are seekers of truth, however, in different ways. The point where both of
them reconcile for the administration of justice, prefix ―forensic‖ is added before
science that means it is suitable for the law Court. It is in this context, forensic science
has found its existence. Forensic science (often shortened to forensics) is the
application of broad spectrum of sciences to answer questions of legal interest. The
word forensic originated from a Latin word ―forensis‖ which meant ‗of or before the
forum‘. In Rome, a criminal charge meant presenting the case before a group of
people in a forum. Both the accuser and the suspect would present their cases in form
of the speeches; and the best argument would decide the outcome of the controversy.
Originally, word forensic was the outcome of two sources; the legal evidence and the
public presentation. Contemporaneously, the word forensic conveys any issue related
to the Courts. Presently, it extends to speaking of truth in the Court. 1 So, the
application of science and technology to the detection and investigation of crime and

1
Suzanne Bell, Crime and Circumstance: Investigation and History of Forensic Science, 2
(Prereger Publishers, 2008).

15
administration of justice is called forensic science.2 Earlier it was known by different
meanings such as medical jurisprudence, forensic medicine and legal medicine.3
However now the things have become clear and medical jurisprudence embraces all
questions, which affect the civil or social rights of individuals, as well as, cases of
injuries to persons and brings the medical practitioner in contact with law. Thus,
medical jurisprudence deals with the legal aspect of medical practice, while forensic
medicine deals with the application of medical knowledge to the administration of
law4.

Lack of development of forensic science in ancient world aided criminals in

escaping punishment. In ancient5 times, the Criminal investigations and trials relied
mainly on oaths, forced confessions, and witness testimony. In a time, when a
distinction between science and such phenomena as religion, magic and superstition
had not yet been made, some civilizations used practices such as the trial by ordeal6 to
determine guilt or innocence. However, ancient sources contain several accounts of
techniques that foreshadow the concepts of forensic science that were made possible
by the Scientific Revolution centuries later. Predating the scientific method, these
techniques were not based on a scientific understanding of the world in the modern
sense, but rather on common sense and practical experience. However Archimedes7
principle pinpoints objectivity not just in forensics but in physical science too.

2
H.W.V. Cox, Medical Jurisprudence and Toxicology, 1 (Butter-Worths, 7th Edition, 2002).
3
Ibid.
4
Id., at page 2
5
As per Historical timeline, Ancient period is the period between 3300 BC-400 BC. BC stands for the
era before Christ. It starts from 34th century to 4th century with no zero years. The era is also known
as BCE and is suffixed after the year or the century. Era after the death of Christ is called as AD or
CE and extends beyond 5th century. See, http://en.wikipedia.org/wiki/Historical_
timeline_dna_profiling (Last visited on 23/05/2012)
6
Trial by ordeal was a judicial practice by which the guilt or innocence of the accused was determined
by subjecting the suspect to unpleasant, usually dangerous experience and only if the suspect
survived the test or his injuries were healed, he was called innocent lest the death determined his
fate. These ordeals were either of fire, water, hot water, cold water, ingestion, boiling oil etc.
Available on http://en.wikipedia.org/wiki/Trial_by_ordeal (Last visited on 23/05/2012)
7
Archimedes (287-212) was was a Greek mathematician, physicist, engineer, inventor, and
astronomer. Although few details of his life are known, he is regarded as one of the leading scientists
in classical antiquity. He resorted to the physical science for reaching a conclusion whether ―the gold
crown‖ was in fact pure or was adulterated of silver by dishonest goldsmith. Archimedes was told by
King Hiero II that he would not dismantle the crown but, still derive a conclusion. By using the
principle of buoyancy, he reached at the conclusion that the crown did contain silver in it. Available
on http://en.wikipedia.org/wiki/Archimedes (Last visited on 23/05/2012 )

16
Scientific techniques apart, various physical methods 8were also adopted in certain
countries to decide a point in issue. Further, the societies those had a literate class,
resorted to handwriting analysis for determining frauds and forgeries. Autopsies 9were
conducted to determine the cause of death even in the ancient times. However, certain
civilizations advocated against this as they thought that the disfigurement of the body
would prevent them to enter afterlife10.

The forensic science in middle ages is marked with use of Fingerprints in 600
11
AD first used to determine identity. Arabic merchants would take a debtor's
12
fingerprint and attach it to the bill. Then in 1248 AD, first forensic science manual
by the name of Xi Yuan Lu (translated as Washing Away of Wrongs written in Song
Dynasty China by Song Ci) was published by the Chinese. This was the first known
record of medical knowledge being used to solve criminal cases. Reporting of
13
pathology commenced in 1600 and physical evidence was used for the matter of
murder conviction in 1784. Then in 1806, German chemist Valentine Ross developed
a method of detecting arsenic in a victim's stomach, thus advancing the investigation
of poison deaths. In 1854, San Francisco became the first country to use photography
for criminal identification14. So, it is evident from the above discussion that as the
societies progressed, people became educated, and definite status was accorded to the
medical jurisprudence that actually should have been accorded to it earlier, being a
complete science in itself. This was done in 16th century and since then, there has
been no looking back; and many discoveries have been made in many fields, namely,
fingerprints, DNA, Anthropometry, hair for identification, use of trace evidence,
ballistics, lie detection, voice recording, etc.

8
For e.g. in India if it was to be established that who has committed theft, the suspects were put in a
tent along with donkeys. The suspects were instructed that only those donkeys would bray whose
tails would be touched by a thief. On this, the real thief refrained from touching the tail and when
next day, the hands were checked, the person with clean hands was held guilty.
9
First such autopsy for forensic purposes was conducted upon the body of Julius Ceaser on his
assassination in 44 BC. See, http://en.wikipedia.org/wiki/Autopsy (Last visited on 6/11/13)
10
Ibid.
11
http://www.sirchie.com/Assets/Manuals/pdf/tm90merge.pdf (Last visited on 6/11/13)
12
http://en.wikipedia.org/wiki/Collected_Cases_of_Injustice_Rectified ( (Last visited on 11/11/13)
13
The evidence was used in the murder conviction of John Toms of England. Evidence was a torn
edge of newspaper in a pistol that matched newspaper in his pocket. See, forensicsciencecentral.co.uk/
history.shtml (Last visited on 6/11/13)
14
Lois Gabison, Forensic Art Essentials: A Manual for Law Enforcement Artists; 387 (Academic Press
2010)

17
2.2.1 FORENSIC SCIENCE IN INDIA

In India, contact with the foreign rulers brought in its wake, a new awakening
and a new cultural synthesis. During 1000-160015AD, India was subjected to invasion
by several foreign powers like the Turks, the French, the Dutch and the English East
India Company. They attacked and invaded India to plunder its wealth and establish
their colonies. Consequently, chaos and uncertainty prevailed in each and every
sphere of life, i.e. social, economical and political condition; the law and order
situation; the administrative set up and so on. Ultimately, it was the English East India
Company which conquered and ruled over India in the middle of the 18th century until
it handed over power to the British crown in 1857.16The British ruled over India till
194717 and introduced their systems in each and every sphere like culture, education,
administration, legal system, crime investigation and so on. They also introduced the
teaching and practice of modern Allopathic system of medicine. The present legal
system in India is based upon the English and Roman laws, modified in some
instances, to suit the Indian conditions. The same was in case of forensic medicine
too18.

The British rulers in a landmark development codified the criminal law in

India in 1833 by introducing a single legislature for the whole of India, common for
both Hindus and Muslims. The present Indian Penal Code (IPC) came into existence
in the year 1860 that superseded all other previous rules and regulations followed in
different parts of India. Likewise, the present Criminal Procedure Code (Cr.Pc) came
into force from the year 1861.19 These codes of law are still being followed in India.
During this period, procedure for crime investigation was also made uniform by
introduction of the police system by the India Police Act of 1861; and coroner system
by the Indian Coroners Act of 1871.20 The coroner system was followed in the
presidency towns of Calcutta, Bombay and Madras, where as the police system was
followed throughout root of the country21.

15
Lyons, Medical Jurisprudence and Toxicology, 4 (Delhi Law House, 2005).
16
H.W.V. Cox, Medical Jurisprudence and Toxicology, 11 (Butter Worths, 7th edition,2002).
17
Id., at page 12.
18
Ibid.
19
Id., at page 13.
20
Ibid.
21
Ibid.

18
 Identification of the victim or the accused is the paramount query that needs to
be answered in any identification. A significant contribution of India to modern
criminology was ‗Dactylography‘ or ‗Fingerprinting‘, the surest means of personal
identification. Traditionally, personal identification was mainly done by two
techniques, namely, Anthropometry and Dactylography. Anthropometry was
developed by Alphonse Bertillon (1853-1914),22 who is regarded as the father of
criminal identification. His system was based on three fundamental ideas- the fixed
condition of the bone system from the age of twenty till death; the extreme diversity
of dimensions present in the skeleton of one individual compared to those in another;
the ease and relative precision with which certain dimensions of the bone structure of
a living person can be measured using simply constructed calipers. This system of
identification spread rapidly through much of the world but the system was not
accepted much in view of some major drawbacks and discovery of other identification
systems i.e. Dactylography.23

Dactylography is identification through fingerprints. It took its origin in India

towards the later part of the 19th century. The first country to use Dactylography as a
tool for criminal investigation was England in 1900.24 In 1860,25 William Herschel of
Indian Civil Service, posted as Nadia District of Bengal, first used this method for
identifying illiterate local people while disbursing money. On his transfer, Edward
Richard Henry, who replaced him in 1891 took up the matter further and published a
book entitled as ―Classification and Use of Fingerprints‖. At the instance of Edward
Henry, Government of India adopted fingerprint as a method of identification by
establishing a fingerprint bureau in Bengal in 1897.26 The method was alter
introduced in the criminal investigation department of Scotland Yard in July 190127 by
Henry himself who was posted there as Assistant Commissioner. A controversy broke
in late 1800s between William Herschel and Henry Faulds who both claimed to have

22
Available at http://en.wikipedia.org/wiki/alphose_bertillon (Last visited on September 12,
2012).
23
Available at http://www.ispub.com/ostia/index.php?xmlFilePath=journals
/ijfs/vol2n1/forensic.xml. (Last visited on 30/08/2012
24
Available at http://en.wikipedia.org/wiki/fingerprint (Last visited on September 21, 2011).
25
H.W.V. Cox, Medical Jurisprudence and Toxicology, 13 (Butter Worths, 7 th edition, 2002).
26
Ibid.
27
Ibid.

19
discovered fingerprint identification as a means of identification.28 However, this is
now resolved that William Herschel was the first one to adopt use of fingerprints for
identification purposes on illiterate people while they disbursed money and it was
taken further by Henry Faulds on his replacing William Herschel. In 1892, Galton
published the first definitive book on Dactylography, fingerprints.29 Henry developed
an interest in fingerprints and instituted Bertillon‘s system with the addition of
fingerprints to the cards which is preferred till date30.

Thus, it can be said that the origin and development of forensic medicine
follows that of civilization. However, with advancement in science and technology,
the concepts of crime, methods adopted by the criminals in its commission, and the
modes of detection have undergone a phenomenal change. On one hand, the
intelligent criminal has been quick to exploit science for his criminal acts; and on the
other hand, the police investigator is no longer able to rely on his antique art of
interrogation, development of sources and surveillance to detect crime. The barbaric
and torturous methods of detecting crime have no position in a civilized society as
human rights are given utmost importance and priority. In these circumstances, the
investigation agencies have no option except to turn to the developing science, the
forensics. Forensic science in its initial stages of development was not bifurcated into
different branches, however, as the science advanced, new subdivisions have
emerged, out of which, one branch is Forensic Profiling that utilizes the trace
evidence to answer various questions about the criminal or the crime. Forensic
profiling can be done by various methods, out of which, one is DNA profiling, which
is the area of research for the present researcher. One may ponder at this juncture that
what we have to do with the study of DNA particularly, when we are talking about
justice system. It prima facie seems to be a theoretical concept of science that links it
with the justice system. The question is in-fact a million dollar question and the key to
this question is ''forensic science''. Judge Leonard Hand in the year 190031 observed
that:

28
Ibid.
29
Available at http://en.wikipedia.org/wiki/fingerprint (Last visited on September 11, 2011).
30
Henry Faulds, ―On the Skin-Furrows of the Hand‖, Nature, Vol. 22(574), 605 (October 28,
1880).
31
http://www.privacy.nsw.gov.au/lawlink/supreme_court/ll_sc.nsf/vwPrint1/SCO_speech_wood_010
601 (Last visited on 11/10/2013).

20
 ―No one will deny that the law should in some way effectively use expert
knowledge wherever it will aid in settling disputes. The only question is as to
how to do it best.”

Apart from providing vital answers to the investigator, DNA profiling assists
significantly in the identification of an individual (victim / offender / swapped
children / parentage / missing-persons). Thus with the advent of DNA profiling, the
importance of traditional identification methods have faded away though in case of
mono zygotic twins,32 fingerprinting still serves a good purpose.

2.3 DNA, FROM GENETIC MATERIAL TO FORENSIC TOOL

The journey for the scientists to conclude that DNA (acronym for
deoxyribonucleic acid) found in every nucleated cell33 of the body can play a vital and
conclusive role in the identification of the individuals had not been facile. In the
initial stages of advancement, Scientists hardly knew the composition of the nucleus.
Rather, it was not known that an organelle named nucleus existed. Only thing known
was Cell. Incidentally, nucleus, the house of DNA, was the first organelle to be
discovered by Antoine Phillips Van Leeuwenhoek (1632-1723)34 while he was
observing the red blood cells of a fish, the Salmon35. He observed oval bodies that he
named as lumen36, the nucleus. However, he could not state anything about the
contents of the oval bodies he had observed. It is also worth to be noted that the
mammalian mature RBC‘s do not possess the nuclei37.

32
DNA in each cell of the body is same but unique for each individual except for mono-zygotic
twins who have same DNA.
33
It has one exception i.e. RBC'S as they lack nucleus.
34
Born to a basket maker, he gained apprenticeship with a cloth merchant and then established
his own cloth shop. He was barely literate and had no formal education. Leeuwenhoek used
magnifying lenses to appraise cloth, after reading a copy of Hooke's bestseller, the
Micrographia. Leeuwenhoek showed technical genius by building microsco pes that could
magnify 250x. Such technical supremacy gave him insight beyond Hooke's 50x magnification.
Antonie is also called the Father of Microbiology and is best known for improvement in the
microscope. In 1682 Leeuwenhoek wrote a letter to Hooke and the Royal Society that reads:
―Thus I came to observe the blood of a cod and of a salmon, which I also found to consist of
hardly anything but oval figures, and however closely I tried to observe these, I could not
make out what parts these oval particles consisted, for it seemed to me that some of them
enclosed in a small space a little round body or globule, and at some distance from this body
there was round the globule a clear ring and round the ring again a slowly shadowing
contour, forming the circumference of a globule?” available at www.wipedia/wiki/
antonie_leeuwen hook (Last visited on 13/01/2015)
35
Salmon is the common name given to special species of fish in the family Salmonidae.
36
Lumen in biology is the inside space of a tabular structure or is used to describe the inside space of
the cellular components.
37
Available at en.wikipedia.org/wiki/Red_blood_cell (Last visited on September 11, 2011).

21
 Franz Bauer also described nucleus in 180438 but more detailed version was
given by Robert brown in 183139 who coined the term ―cell nucleus‖. His work
suggested that nucleus played a key role in fertilization and development of the
embryo in plants, thus was the center of cellular creation. However, composition of
the nucleus was still not known. It was Friedrich Miescher 40(1844-1895) who in the
year 1869 discovered a substance in the cell nucleus and named it as "nuclein". Later,
he isolated a pure sample of the material from the sperm of salmon (now known as
DNA), which was termed as "nucleic acid" in 1889 by his pupil, Richard Altmann41 .
This substance was found to exist only in the chromosomes. On the other hand, the
belief of people in the theory of "spontaneous generation" of life from inanimate
matter dispelled in the mid-1800s, and it became clear that all life must arise from
pre-existing life via a process of reproduction. So, it was hypothecated that if, cells
are the fundamental units of life, they too must have a reproductive mechanism that
maintains the proper chromosome number in each cell.

38
H. Harris, The birth of the Cell, New Haven, 4 (Yale University Press, 1999).
39
Robert Brown, ―On the Organs and Modes of Fecundation of Asclepiadea‖, Miscellaneus
Botanical Works, 511 (1866). Because of him, the work of leeuwenhoek was acknowledged
years after in the year 1831 when Mr. Robert Brown, a Swiss Botanist observed an opaque
area while reading the cells of flower's outer area that he termed as Nucleus. Available at
http://Wikipedia/wiki/cell_nucleus (Last visited on March 14, 2011).
40
Johannes Friedrich Miescher (13 August 1844 – 26 August 1895) was a Swiss physician and
biologist. He was the first researcher to isolate and identify nucleic acid. He went to the University of
Tübingen to study under Felix Hoppe-Seyler in the newly established faculty of natural science.
Hoppe-Seyler's laboratory was one of the first in Germany to focus on tissue chemistry. At a time
when scientists were still debating the concept of "cell," Hoppe-Seyler and his lab were isolating the
molecules that made up cells. Miescher was given the task of researching the composition of
lymphoid cells — white blood cells. These cells were difficult to extract from the lymph glands, but
they were found in great quantities in the pus from infections. Miescher collected bandages from a
nearby clinic and washed off the pus. He used a salt solution to wash the pus off the bandages. On,
adding a weak alkaline solution to the cells, the cells lysed and nuclei precipitated out of the solution.
From the cell nuclei, he isolated a unique chemical substance, which he called nuclein. He found
nuclein in every cell type he tested. He determined that nuclein was made up of hydrogen, oxygen,
nitrogen and phosphorus and there was an unique ratio of phosphorus to nitrogen. Chemically,
nuclein is high in phosphorus. Therefore, he thought nuclein mainly functioned as the cellular
storehouse for the phosphorus atom. In his lifetime, he was not able to show any other clear
biological function for nuclein. Although Miescher did most of his work in 1869, his paper on
nuclein wasn't published until 1871. Nuclein was such a unique molecule that Hoppe-Seyler was
skeptical and wanted to confirm Miescher's results before publication. Available at
http://en.wikipedia.org/wiki/Friedrich_Miescher (Last visited on March 14, 2011).
41
Richard Altmann (12 March 1852 – 8 December 1900) was a German pathologist and histologist
from Deutsch Eylau in the Province of Prussia. He is credited with coining the term nucleic acid,
replacing Friedrich Miescher's term nuclein when it was demonstrated that nuclein was acidic.
Available at http://en.wikipedia.org/wiki/Richard_Altmann (Last visited at March 14, 2011).

22
 In the mean time, an Augustinian Monk, Gregor Mendel42 in 1865, found that
individual traits in any living being were determined by discrete "factors," now known
as genes. These factors were inherited from the parents and that is why children
resembled their parents. About a decade, after the publication of Mendel's paper,
scientists carefully documented the behavior of chromosomes during cell division
(mitosis), using dyes to make them visible.

43
In 1929, Phoebus Levene at the Rockefeller Institute identified the
components of which DNA molecule was made of. Though, the components of the
DNA were correctly recognized by him, but he gave the incorrect theory of
“tetranucleotide DNA‖ recommending that it were the proteins those were better
candidates for hereditary than DNA as DNA had only four bases. However, the said
mistake was promptly rectified following series of experiments conducted by
Frederick Griffith44 and then by Oswald T. Avery45. Avery showed that a pure extract
of the "transforming principle" was unaffected by treatment with protein-digesting
enzymes but was destroyed by a DNA-digesting enzyme. Thus, the transforming
principle was DNA — and, by extension, a gene was made up of DNA. But, it took
long time for the scientists of that era to accept that it was the DNA, which was the
genetic material; and not the proteins46.

42
He gave the laws of inheritance, was of the firm opinion that they didn't blend and gave the concept
of dominant and recessive genes. He conducted all the experiments on the PEA plants as they were
easily Available atthe place he was staying and this plant had variety of traits those could be
experimented. His work was reinvented by Hugo De Vries, Carl Correns and Erich Von Tschermak
seysenegg in 1900 and the trio showed modesty to honour the deceased scientist with priority, now
known as the father of modern genetics. Available on http://en.wikipedia.org/wiki/Gregor_Mendel
(Last visited on 23 rd December, 2014)
43
Phoebus Aaron Theodore Levene (25 February 1869 – 6 September 1940) was a Lithuanian-
American biochemist who studied the structure and function of nucleic acids. He characterized the
different forms of nucleic acid, DNA from RNA, and found that DNA contained adenine, guanine,
thymine, cytosine, de-oxy-ribose, and a phosphate group. However, he is mostly remembered for his
incorrect tetra nucleotide theory of DNA, and publication of over 700 original papers and articles on
the chemical structures of many biochemicals. Available on en.wikipedia.org/wiki/Phoebus_Levene
(Last visited on 23 rd December, 201).
44
Frederick Griffith was a British medical officer and geneticist. In 1928, in what is today known as
Griffith's experiment, he discovered what he called a transforming principle, which is today known
to be DNA. However, he faulted in his principle as he could not explain through the experiment that
it was DNA that was responsible for transformation of information from one generation to another.
The experiment was conducted on mice with pnemonococus bacteria. Also refer to
http://www.dnaftb.org/17/animation.html for the detailed experiment. (Last visited on 18/01/2014)
45
Oswald Theodore Avery was a Canadian-born American physician and medical researcher. He is best
known for his discovery in 1944 that DNA is the material of which genes and chromosomes are
made. He carried forward the work of Frederick Griffith and filled the blank or the molecule that was
responsible for transformation in the experiment conducted by Griffith. However, instead of
experimenting on mice, he chooses to experiment with test tube assay. Also refer to
http://www.dnaftb.org/17/animation.html for the detailed experiment. (Last visited on 18/01/2014)
46
Ibid.

23
 Thereafter, race began to decipher the molecular structure of DNA molecule.
Torbjorn Caspersson and Einar Hammersten showed that DNA was a polymer.
However, this view was only accepted after James D. Watson47 and Francis Crick48
gave the molecular structure of DNA properly elucidated in 1953 by the journal, the
Nature publication. Watson and Crick proposed that DNA had a double helix. In 1962,
Watson, Crick, and Maurice Wilkins jointly received the Nobel Prize for their
determination of the molecular structure of DNA. However, The Nobel Prize would
not have gone to them without the effort of Rosalind Franklin49 and her famous
photograph, (Photo Fifty-One). Franklin, however, did not get much attention as she
died of ovarian cancer prior to announcement of the Nobel Prize given to Watson,
Crick, and Wilkins, Franklin. The probable reason why Franklin could have
contracted cancer was her exposure to radiation from X-ray diffraction which she had
used to take the famous photograph, photo Fifty-one. Thus, DNA was found to be
made up of four bases which combined to form chains and was the reservoir of
information.

47
James Dewey Watson (born April 6, 1928), is an American molecular biologist, geneticist, and
zoologist, best known as a co-discoverer of the structure of DNA in 1953 with Francis Crick.
Watson, Crick, and Maurice Wilkins were awarded the 1962 Nobel Prize in Physiology or Medicine
"for their discoveries concerning the molecular structure of nucleic acids and its significance for
information transfer in living material". Also refer to en.wikipedia.org/wiki/James_Watson for the
detailed experiment. (Last visited on 18/01/2014)
48
Francis Harry Compton Crick (8 June 1916 – 28 July 2004) was an English molecular biologist,
biophysicist, and neuro-scientist, most noted for being a co-discoverer of the structure of the DNA
molecule in 1953 with James D. Watson. He, Watson, and Maurice Wilkins were jointly awarded the
1962 Nobel Prize for Physiology or Medicine "for their discovery. Also refer to
en.wikipedia.org/wiki/Francis_Crick for the detailed experiment. (Last visited on 18/01/2014).
49
Rosalind Elsie Franklin (25 July 1920– 16 April 1958) was a British biophysicist and X-ray
crystallographer who made critical contributions to the understanding of the fine molecular structures
of DNA (deoxyribonucleic acid), RNA, viruses, coal, and graphite. Her DNA work achieved the
most fame because DNA plays an essential role in cell metabolism and genetics, and the discovery of
its structure helped her co-workers understand how genetic information is passed from parents to
their offspring. Franklin is best known for her work on the X-ray diffraction images of DNA which
led to the discovery of the DNA double helix. According to Francis Crick, her data was key to
determining the structure to formulate Crick and Watson's 1953 model regarding the structure of
DNA. Franklin's images of X-ray diffraction confirming the helical structure of DNA were shown to
Watson without her approval or knowledge. This image and her accurate interpretation of the data
provided valuable insight into the DNA structure, but Franklin's scientific contributions to the
discovery of the double helix are often overlooked. Unpublished drafts of her papers (written just as
she was arranging to leave King's College London) show that she had independently determined the
overall B-form of the DNA helix and the location of the phosphate groups on the outside of the
structure. Moreover, it was a report of Franklin's that convinced Crick and Watson that the backbones
had to be on the outside, which was crucial since before this both they and Linus Pauling had
independently generated non-illuminating models with the chains inside and the bases pointing
outwards. However, her work was published third, in the series of three DNA Nature articles, led by
the paper of Watson and Crick which only hinted at her contribution to their hypothesis. Available on
http://en.wikipedia.org/wiki/Rosalind_Franklin (Last visited on 14th June, 2014).

24
 Watson and Crick showed that DNA was a double helix resembling a ladder,
where the base pairs formed the ladder's rungs and the sugar and phosphate molecules
the vertical sidepieces. The four bases identified were Adenine (A); Cytosine (C);
Guanine (G); Thymine (T). These bases include two purines (Adenine and Guanine)
and two pyrimidines (Cytosine and Thymine). These are commonly referred to as A,
G, C and T respectively. The number of purine bases in DNA is equal to the number of
pyrimidines due to the law of complimentary base pairing. Thymine (T) pairs with
Adenine (A) and Guanine (G) pairs with Cytosine (C). Knowing this rule, one can
predict the base sequence of one DNA strand if, the sequence of bases in the
complimentary strand are known50.

IMAGE : 151

Twisted ladder like structure of a DNA molecule showing difference

in the bases

50
Available at en.wikipedia.org/wiki/DNA (Last visited on 12.6.2013)
51
Available at https://s3.amazonaws.com/engrade-myfiles/4018491723119353/DNA.png (Last visited
on 12.6.2013)

25
 IMAGE : 252

The chemical structure of Purines and Pyrimidines

2.4 FORENSIC USE OF DNA THROUGH DNA PROFILING

DNA profiling for forensic purposes originated in the early 1980s following
the rape and murder of Lynda Mann and Dawn Ashworth in Leicester, England,
occurring in identical circumstances. Post these murders, Police turned to Professor
Alec Jeffrey‘s,53 who was carrying out research into diseases caused by mutations in
DNA. He experienced a Eureka moment in 198454 when he found that DNA in every
human was unique with only exception in case of mono-zygotic twins that made it an
infallible source for investigation. His tests confounded police so far as they
confirmed their theory that only one person had been responsible for both the
offences. It also conclusively established that their prime suspect, who had confessed
to the second killing, could not have committed either of the killings. Subsequent
mass screening in the area surrounding the murder sites threw up Colin Pitchfork 55 as

52
Available at http://hyperphysics.phy-astr.gsu.edu/hbase/organic/imgorg/bases.gif (Last visited on
2/09/2013
53
Available at http://en.wikipedia.org/wiki/Alec_Jeffreys (Last visited on 2/09/2013)
54
http://news.bbc.co.uk/2/hi/programmes/newsnight/8245312.stm (Last visited on 12/11/12)
55
Colin Pitchfork (born March 1960, Newbold Verdon, England, is a British criminal. He is the first

26
the real killer, a man who had endeavored to avoid detection during the screening by
persuading a friend to stand in for him. Once his deception became known, his fate
was forensically sealed. So, the age of DNA profiling in crime investigation began,
with extraordinary implications for all concerned. Murder victims could now speak to
agencies from their graves and provided vital clues of their killers concealed within or
strapped to their lifeless bodies, which could be preserved and tested after decades for
supporting both prosecution cases and the innocent accused56.

Hence, the present work makes a modest attempt first to analyze what is there
in DNA which when processed through DNA profiling makes it infallible and a
unique identifier for identification? Secondly, being an identification tool whether it
aids or obstructs in investigation? Thirdly, whether it should be considered as an
ultimate diviner of guilt or innocence? Fourthly, in an attempt to enhance the modes
of criminal investigation, whether incidentally DNA profiling or the process adopted
as such in DNA profiling impinge upon the civil liberties or not? And finally, whether
DNA Profiling can play a fundamental role in investigations and trials?

DNA in all humans is the same (coding DNA), however, there are certain
places with differences and these variations don't match between two humans except
in mono-zygotic twins (non-coding DNA). Coding DNA has a role to play in the
makeup of a gene/protein but non-coding DNA has no such role. DNA is made of
nitrogenous bases, sugar, and phosphate bonds. The sugar and phosphate that make up
the outer structure is same in every body, however, difference lies only in the
sequence of bases. It is the combination of these bases that make DNA of an
individual unique. Interestingly, the junk DNA shows variations amongst individuals
and is therefore, utilized for identification purposes through DNA profiling57.

person convicted of murder based on DNA fingerprinting evidence, and the first to be caught as a
result of mass DNA screening. Pitchfork raped and murdered two girls, the first in Narborough,
Leicestershire, in November 1983, and the second in Enderby, also in Leicestershire, in July 1986.
He was arrested on 19 September 1987, and sentenced to life imprisonment on 22 January 1988,
after admitting both murders. Available athttp://en.wikipedia.org/wiki/ Colin_ Pitchfork (Last
visited on 2/09/2013)
56
Available at en.wikipedia.org/wiki/DNA (Last visited on 12.6.2013)
57
Ibid.

27
 The procedure of analyzing the DNA in samples of a person's body tissue or
body fluid for the purpose of identification is called as a DNA profile and the process
is called as DNA fingerprinting58 or DNA profiling. It is also be defined as an
individual's unique sequence of DNA base pairs, determined by exposing a sample of
the person's DNA to molecular probes. A molecular probe is a group of atoms or
molecules attached to other molecules or cellular structures used in studying the
properties of these molecules and structures. Different techniques have been
developed by scientists to develop a profile from the DNA of a person inter-alia
includes RFLP (restriction fragment length polymorphism), probably the first and the
foremost technique developed by the scientists. Genetic researchers had located
certain areas on the DNA, which varied from an individual to an individual; and
RFLP examined those differences. In mid 1980‘s59 polymerase chain reaction (PCR)
Technique was developed by forensic scientist, which in-fact was great leap in the
direction. In this process, DNA or its fragments could be replicated any number of
times. So, it had advantage over RFLP as it took less time to process and give result.
Further, it also helped to test small-degraded samples of blood or other biological
fluids, which were then multiplied millions of times thereby making it possible to
analyze smaller units of DNA and could give results which were more accurate. In
1990‘s60 a process named short tandem repeats (STR‘S), was adopted by FBI
(Federal bureau of investigation) where smaller segments of DNA were looked for
those varied among individuals, and thus was used as the national standard for
forensic identification. Mitochondrial DNA (mtDNA) is still under development,
which examines DNA inherited from maternal side. A recent technique, single
nucleotide polymorphisms (SNP‘S) involves examining specific areas of DNA those
are expected to match crime scene and suspect DNA, at hundreds of different points,
allowing more matches that are accurate; thus avoiding the need for probability and
statistical evidence61.

58
The term ―DNA fingerprinting‖ was a trademark name given by Cell mark diagnostics, a company in
America, which licensed the technique, developed in U.K. Its initial name helped to carry the
message conveyed by fingerprints to a nonprofessional. The more appropriate term now used is
Genetic Fingerprinting or DNA profiling as the product of the existing technology is a profile, not a
'fingerprint'. Available at http://en.wikipedia.org/wiki/DNA_fingerprinting (Last visited on
2/09/2013)
59
Abhijeet Sharma, Guide to DNA Tests in Paternity Determination & Criminal Investigation ,
16 (Wadhwa Publishers, 2007).
60
Id.; at page 17.
61
Ibid.

28
 Throughout the past century, forensic scientists have used trace evidence to
reconstruct crimes, as well as to describe the people, places and things involved in
them. Case studies of real life homicides that have been published in the forensic
science literature show how trace evidence has been used to solve these crimes,
exonerate the innocent, and bring the guilty to book. Trace evidence is also important
in accident investigation, where movement of one part against another will often leave
a tell-tale mark. Such analysis is of great use in forensic engineering. Examples of
typical trace evidence in criminal cases include fingerprints, hairs, cosmetics, plant
fibers, mineral fibers, synthetic fibers, glass, paint chips, soils, botanical materials,
gunshot residue, explosives residue, and volatile hydrocarbons (arson evidence). For
such evidence to be useful, it must be compared to similar items from suspects, but
particular care is necessary to ensure a thorough analysis. 62 Trace evidence sometimes
serve as vital clue in investigation and completes the chain that leads to the guilty.
However, DNA has mostly replaced the trace evidence, as unlike DNA evidence, it
rarely provided definitive identification. As a result, trace evidence is now used only
in the cases where source of DNA evidence is not available. Hence, it could be said
that DNA evidence is more fool proof, and more reliable than trace evidence; thus
DNA evidence is said to produce more conclusive results. Not only this, it has
manifold advantages over the traditional methods of identification such as
fingerprinting and other genetically markers including examination of other biological
evidences. DNA is more stable than the traditional protein and enzyme markers. It
serves as a more useful tool than traditional typing of evidentiary exhibits/samples.
DNA not only controls the heredity aspect i.e. passing of information from parents to
offspring but also controls most of the functions of the cells like synthesis of
substances within the cell. Hence, the characteristics of an individual are under the
control of the DNA. Another unique aspect of DNA profiling is that it not only tests
blood as stain-material but also other body fluids, and mixed stains like semen,
vaginal stains 63etc.

62
Available at http://en.wikipedia.org/wiki/Trace_evidence (Last visited on July 2, 2011).
63
Ibid.

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 Lifting of evidence from the crime scene for DNA analysis with the aid of
forensic analyst for answering queries of legal interest, is called criminalistics.64 In
other words, it is the science of analyzing and interpreting evidence using natural
sciences. Forensic science here would include all sciences applied to legal problems.
Experts use the science of criminalistics to solve crimes. They examine and identify
physical evidence to reconstruct a crime scene. Physical evidence can be a weapon, a
piece of clothing, a bloodstain, drugs, fingerprints, shoe prints, bullets, or even a
vapor in the air. They use this physical evidence to provide a link between a suspect,
and the victim. The physical evidence collected from a crime scene may be from the
victim‘s body and the surrounding area of the crime or both. Forensic experts collect
physical evidence not only from the crime scenes but also receive evidence at the
laboratory collected from the crime scene by crime scene investigators. The proper
collection of evidence is essential to prevent contamination and destruction of the
evidence. The laboratories used for analysis must also be reliable and should be
willing to meet recognized standards of disclosure. In a case regarding dispute of the
parentage of a minor girl, DNA test was performed at Hyderabad, however, serious
allegations were leveled against the technical officer for which the court had to re-
order for the test. But, the court observed that parties couldn‘t make the choice of the
laboratory that would conduct DNA testing.65 It is important to bear in mind that in a
civil case, if the results of a DNA analysis are not found to be conclusive, new
samples can be easily regained. However, in criminal cases, laboratories and other
66
interested parties must treat evidence according to established protocols, more so
when there is loss of circumstantial evidence due to any reason whatsoever67.

The criminals of today have become tech-savvy and generally commit crimes
in isolation with full planning, with an additional benefit that none comes forward to
account for their acts as the witnesses are meager due to lengthy court procedures,

64
Available at http://www.umbc.edu/tele/canton/STUDENTPROJ/May.A/ criminalistics.html
(Last visited on June 20, 2011).
65
Amar Sharma V/S Seema Sharma 2009(5) Rcr (Criminal) 71(M.P) Gwalior Bench ; Anil Kumar Jain
V/S State Of Punjab , 2008(2) Rcr (Criminal) 71(P& H)
66
Available at http://www.nap.edu/ openbook.php? record_id=1866&page=132(Last visited at
12/12/2014
67
Ibid.

30
 harassment, deterrence, so, the only evidence that is infallible, reliable, and would not
turn hostile unless honesty is compromised is DNA profiling. It comes as an aid to the
courts that have not only to impart justice but also have to see that criminals are not at
large just because they have been able to manipulate the things as per their own desire
and wish. The time to debate and discuss these matters is now and to relish the worth
of DNA evidence, before the potential for widespread usage of DNA becomes
commonplace for general societal applications. However, since DNA profiling
involves knowledge of sister sciences, and expertise to handle the evidence, much
improvement is required at each stage of investigation and trial.

2.6 SUMMARIZED

Scientific advancements have made the barbaric and archaic methods of

enforcing social order in the society, especially the investigation, redundant. Where
for a democratic setup, peace and harmony are the inevitable components;
commission of crimes can also not be avoided. However, new scientific methods can
help in prevention and early detection of the offenders. Once, crime is committed,
race begins to decipher the most vital questions; who, why, where and how. The most
important of all is the identification. Identification, either of the victim or the accused,
is the core and the key question for each forensic investigation. However, it may not
be so facile in cases of bodies of victims beyond recognition; cases where accused
have made attempts to conceal their identity; cases where the perpetrator is not known
to the victim; and in planned crimes. This list is just illustrative. The rising awareness
of the human and legal rights has compelled the investigating officers to take aid of
the allied sciences for identification issues. More than one method of identification
can be used in a case. However, with the passage of time, the most infallible
traditional method of identification i.e. Dactylography (fingerprinting) seemed to have
failed as the accused have developed modes of concealment.

The consequences of non-identification are deleterious for the security,

solidarity, and social order of the society. Firstly, the threat of breach of social order
continues as there is likelihood that such person may again commit a similar felony or

31
more heinous one with enhanced level of confidence. Secondly, it would also
encourage the others thinking on the symmetrical lines. Lastly, it would shake the
faith reposed by the victim or his family members in the criminal justice system
compelling him or his family members to take vengeance in their own style and way.
Hence, the scientists always longed to posses some technique that could conclusively
discriminate between individuals, identify and link the perpetrators of violent acts
with the physical traits left at the crime scene. The dream became true post the
miraculous advent of DNA profiling technique by Sir Alec Jeffrey, who was actually
studying diseases caused by mutations in genes.

32