Can DNA evidence be faked

The latest development in DNA profiling technique are the authentication assays which claim to differentiate between authentic DNA samples from tampered or fabricated DNA samples. It is common knowledge that DNA databases containing DNA profiles for specified purposes shall become a reality in near future and authentic DNA samples are the precursors of authentic DNA profiles which will in turn result in authentic DNA databases. DNA tampering and DNA fabricating are the two primary offences, other than mishandling by the handlers of the DNA sample which require careful consideration before enacting legislation on DNA databases. It is important to understand what constitutes these offences and distinguish between both these offences as also to differentiate these offences from those defined in the Indian Penal Code, in order to prevent spurious DNA databases and theft of identity of persons. This research paper uses the doctrinal research methodology to distinguish between tampered and fabricated DNA evidence, the consequence of which evidence is a fake DNA in itself.