Supreme Court: Can a partially decomposed body recovered from a well be reliably identified without DNA?

Identification of Decomposed Body — Medical Jurisprudence — Absence of DNA testing does not vitiate identification when credible and consistent testimonies of witnesses who knew the deceased personally are available - Relying on Modi’s Textbook of Medical Jurisprudence and Toxicology, Supreme Court noted that putrefaction in water is slower than in air, especially when the body is protected by clothing - Identification based on clothing and recognizable facial features by familial and close witnesses is legally sustainable.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 5357 of 2025 

Decided On: 20.02.2026

Neelu Vs. The State of Madhya Pradesh

Hon'ble Judges/Coram:

Prashant Kumar Mishra and V.M. Pancholi, JJ.

Author: Prashant Kumar Mishra, J.

 Citation: 2026 INSC 173, MANU/SC/0174/2026.

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What are recent developments in DNA test from perspective of Criminal trial?

 Recent judicial developments show that courts now accept DNA evidence as highly probative, but they insist much more strongly on chain of custody, proper sampling, laboratory integrity, and corroboration before acting on it. From a judge’s point of view, the shift is from treating DNA as merely “scientific and powerful” to asking whether the collection, preservation, documentation, and interpretation are legally reliable and fair.

Main developments

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Supreme Court Guidelines Regarding procedure to be followed regarding DNA evidence from the point of collection to the logical end, i.e., conviction or acquittal of the Accused,

 This lack of a common procedure to be followed, is concerning. As such, we issue the following directions which shall be followed henceforth, in all cases where DNA Evidence is involved:

1. The collection of DNA samples once made after due care and compliance of all necessary procedure including swift and appropriate packaging including a) FIR number and date; b) Section and the statute involved therein; c) details of I.O., Police station; and d) requisite serial number shall be duly documented. The document recording the collection shall have the signatures and designations of the medical professional present, the investigating officer and independent witnesses. Here only we may clarify that the absence of independent witnesses shall not be taken to be compromising to the collection of such evidence, but the efforts made to join such witnesses and the eventual inability to do so shall be duly put down in record.

2. The Investigating Officer shall be responsible for the transportation of the DNA evidence to the concerned police station or the hospital concerned, as the case may be. He shall also be responsible for ensuring that the samples so taken reach the concerned forensic science laboratory with dispatch and in any case not later than 48- hours from the time of collection. Should any extraneous circumstance present itself and the 48-hours timeline cannot be complied with, the reason for the delay shall be duly recorded in the case diary. Throughout, the requisite efforts be made to preserve the samples as per the requirement corresponding to the nature of the sample taken.

3. In the time that the DNA samples are stored pending trial appeal etc., no package shall be opened, altered or resealed without express authorisation of the Trial Court acting upon a statement of a duly qualified and experienced medical professional to the effect that the same shall not have a negative impact on the sanctity of the evidence and with the Court being assured that such a step is necessary for proper and just outcome of the Investigation/Trial.

4. Right from the point of collection to the logical end, i.e., conviction or acquittal of the Accused, a Chain of Custody Register shall be maintained wherein each and every movement of the evidence shall be recorded with counter sign at each end thereof stating also the reason therefor. This Chain of Custody Register shall necessarily be appended as part of the Trial Court record. Failure to maintain the same shall render the I.O. responsible for explaining such lapse.

The Directors General of Police of all the States shall prepare sample forms of the Chain of Custody Register and all other documentation directed above and ensure its dispatch to all districts with necessary instruction as may be required. {Para 44}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1672 of 2019 

Decided On: 15.07.2025

Kattavellai Vs. State of Tamilnadu

Hon'ble Judges/Coram:

Vikram Nath, Sanjay Karol and Sandeep Mehta, JJ.

Author: Sanjay Karol, J.

Citation: 2025 INSC 845, MANU/SC/0917/2025.

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Guide for Session Judges for appreciating evidence of CA Reports, FSL Report, DNA report and all scientific experts report in Sessions Trials

A forensic report often enters the courtroom with an aura of certainty. Once the Chemical Analyser or FSL states that blood matches, DNA corresponds, or a sample confirms a prosecution theory, the natural temptation is to treat the report as near-conclusive proof. The decision of the Allahabad High Court in Najeeruddin v. State of U.P. is a powerful reminder that criminal courts must resist that temptation. A forensic report may be on record, and may even be formally admissible under Section 293 CrPC, yet it may still be legally unsafe to rely upon if the prosecution has not proved the source material, the chain of connection, and the accused has not been confronted with the incriminating contents under Section 313 CrPC.

Read full judgment here: Click here.

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From Vein to Verdict: Blood Sampling SOP & Courtroom Reliability of DNA Evidence under BNSS (2023)

DNA profiling is often presented as “conclusive science”, but in court it is only as trustworthy as the collection, sealing, storage, transport, and documentation that connects the blood tube to the final report. Courts have repeatedly stressed that procedure is the bridge between science and proof: where the chain of custody is broken or the handling is sloppy, DNA conclusions can collapse.

This note sets out: (i) the BNSS statutory authority to collect biological samples, (ii) the Supreme Court’s uniform safeguards for DNA evidence management, (iii) a practical SOP for blood collection for DNA, and (iv) a Sessions Court reliability checklist for appreciating DNA reports as expert opinion evidence.

1) Legal foundation: BNSS (2023) + expert opinion under evidence law

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Karnataka HC: Whether Session court can convict accused under Pocso Act if DNA test comes positive even though Victim has turned hostile?

As per Ex.P33, PW.22 stated that the victim is the biological mother and accused is the biological father of the baby born to the victim. However, PW.12-victim, her grandmother, father and other relatives, unequivocally deposed that the accused did not commit any sexual act on the victim. In such circumstance, the oral testimony of victim and her relatives goes contrary to the medical evidence. No doubt, evidentiary value can be attached to the DNA report issued by the expert as per Section 45 of the Indian Evidence Act. However, if the same does not corroborate the testimony of victim, in such circumstance, the Court has to test the veracity of the report based on facts and evidence of the case on hand.

16. Thus, applying the findings of the Hon'ble Apex Court and the Co-ordinate Bench stated supra to the facts and circumstances of this case, except the DNA report, absolutely no other corroborative piece of evidence is available on record to connect the accused with the alleged offence. The victim herself firmly stated that the accused did not have any sexual intercourse with her. She is not aware who the father of her child is. Even her parents and relatives also deposed similarly. In such circumstance, the DNA report cannot be solely relied to convict the accused since as per the survey and study of National Forensic Science Laboratory (NFSL) in India and as per the report of International Journal of Indian Science and Research (E-ISSN 2584-0924) published in JLFJ Volume:1, Issue:1, July 2022, the legal stands on DNA profiling considered, STR (short Tandem Repeat) testing is highly reliable method for human identification in Forensic Science and it is not strictly 100% accurate in India or globally.

 IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)

Criminal Appeal No. 100570 of 2022 (A)

Decided On: 10.07.2025

State of Karnataka Vs. Nagesh

Hon'ble Judges/Coram:

Nataraj Rangaswamy and Rajesh Rai Kallangala, JJ.

Author: Rajesh Rai Kallangala, J.

Citation:  MANU/KA/2295/2025.

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Scientific Justice: How DNA Evidence is Transforming Legal Outcomes

 Introduction

DNA technology has fundamentally revolutionized the criminal justice system, transforming how forensic investigations are conducted and evidence is analyzed . The concept of "Advancing Justice through DNA Technology" represents a holistic approach to integrating cutting-edge forensic science with judicial processes, ensuring that the legal system can effectively harness the power of genetic evidence to deliver accurate and timely justice . This comprehensive framework encompasses not only the technical aspects of DNA analysis but also the legal, ethical, and procedural considerations necessary for its effective implementation in modern justice systems .

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Advancing Justice through DNA Technology: A Comprehensive Framework for Modern Legal Systems

 Introduction

The integration of DNA technology into the criminal justice system represents one of the most significant advancements in forensic science and legal proceedings. The concept of "Advancing Justice through DNA Technology" encompasses a comprehensive approach to utilizing cutting-edge forensic DNA analysis to enhance the accuracy, efficiency, and reliability of criminal investigations and legal processes. This multifaceted framework addresses various aspects of DNA technology application, from basic scientific principles to complex legal implications, ensuring that justice delivery systems can effectively harness the power of genetic evidence.

Core Objectives of DNA Technology in Justice Systems

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Under which circumstances not conducting DNA test is not fatal to the prosecution case of Rape?

 The argument of Ms. Uttara Babbar, learned senior counsel is that no DNA test was carried out. No doubt, the DNA test was not carried out and it would have been better for the prosecution to have done the same. However, keeping the overall conspectus of the case in mind, we do not think that not conducting DNA test was fatal to the prosecution. We draw support from the judgment of this Court in Veerendra v. State of Madhya Pradesh, (2022) 8 SCC 668, wherein it was held as under:

“53. In view of the nature of the provision under Section 53-ACrPC and the decisions referred to, we are also of the considered view that the lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder as in case of acquittal only on account of such a flaw or defect in the investigation the cause of criminal justice would become the victim. The upshot of this discussion is that even if such a flaw had occurred in the investigation in a given case, the court has still a duty to consider whether the materials and evidence available on record before it, are enough and cogent to prove the case of the prosecution. In a case which rests on circumstantial evidence, the Court has to consider whether, despite such a lapse, the various links in the chain of circumstances form a complete chain pointing to the guilt of the accused alone in exclusion of all hypothesis of innocence in his favour.”{Para 26}

IN THE SUPREME COURT OF INDIA

(Before B.R. Gavai, Aravind Kumar and K.V. Viswanathan, JJ.)

Criminal Appeal Nos. _________ of 2024

(@ Special Leave Petition (Crl.) Nos. 9015-9016 of 2019)

Sambhubhai Raisangbhai Padhiyar Vs State of Gujarat 

Decided on December 17, 2024

Citation: 2024 SCC OnLine SC 3769,2024 INSC 987.

Read full Judgment here: Click here.

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Bombay HC: What precautions Session Judge should take while putting question U/S 313 of CRPC to accused?

 I have perused the 313 Cr. P.C. statements of the appellants recorded by the learned Judge. While recording the 313 Cr. P.C. statements of the appellants, the learned Judge did not frame proper questions. The material part of the incriminating evidence adduced by the prosecution was not put to the appellants. In this context, it is necessary to see some of the questions framed by the learned Judge. As stated above, the proof of the identity of the appellants, being the perpetrators of the crime, was the fact in issue. The learned Judge was required to frame proper questions on the basis of the available evidence of the witnesses with regard to their identification. As stated above, the identification of the appellants was established by pointing out their photographs to the prosecutrix. It was not put to the appellants that they were identified by the victim before the Court in a particular manner. The incriminating part of her evidence with regard to the identification of the appellants in the Test Identification Parade was not specifically put to the appellants. It is further seen that the CA reports and the DNA report, being the important pieces of evidence, ought to have been put to them specifically in their 313 statements. Question No. 35 is common for both the appellants. It needs to be extracted. It is as follows:

“Q. No. 35. It has come in the evidence of PW-10 Satish K. Farkade (Ex.97) during investigation he prepared spot panchanama, seizure panchanama. He seized motor cycle, sickle, chapple, godahdi, clothes on the person of victim and muddemal sent for C.A. and obtain C.A. report. What do you have to state about it ?”{Para 29}

30. Perusal of this question would show that the incriminating material in the form of CA reports was put to the appellants in this manner. Perusal of 313 Cr. P.C. statements of the appellants would show that the DNA report was not at all put to them. Even if the appellants had admitted the DNA report, the learned Judge was required to put the same to the appellants in their 313 Cr. P.C. statements. It needs to be stated that, in this case, the appellants have not admitted the DNA report. It is pertinent to mention that, time and again, it has been observed that proper care is not taken while framing the questions in the 313 Cr. P.C. statement of the accused on the basis of the incriminating material. Sometimes, the composite questions are framed. The answer to the part of the question may be in the affirmative and the answer to the part of the question may be in the negative. Such a composite question needs to be avoided. The appellants are the rustic villagers. Similarly, the victim is also a rustic villager. The incriminating circumstances related to the CA and DNA reports had not been put to them. Failure of the learned Judge to follow the provisions of law has caused miscarriage of justice. It has prejudiced not only the appellants but also the victim.

31. In this case, the DNA report has not been put to the appellants. The Hon'ble Apex Court in the case of Sharad Birdhichand Sarda v. State of Maharashtra [(1984) 4 SCC 116 : AIR 1984 SC 1622] has held that incriminating piece of evidence, if not put to the accused in his 313 Cr. P.C. statement, cannot be made the basis of the conviction of the accused. It has to be excluded from consideration. It is to be noted that, while recording the evidence, the learned Prosecutor and the learned Judge adopted a very casual and careless approach. The DNA Expert and the Chemical Analyzer have not been examined. The learned Judge, while examining the accused under Section 313 of the Cr. P.C., did not even care to frame a proper question and put the DNA report to the accused so as to enable them to explain it. This has caused prejudice to the appellants. Similarly, it has proved prejudicial to the prosecutrix, who had suffered the ordeal of a horrible incident. She was not at fault. This has resulted into miscarriage of justice.

In the High Court of Bombay

(Before G.A. Sanap, J.)

Criminal Appeal No. 155 of 2022

Puranlal Sakaru Dhurve. Vs State of Maharashtra, 

Criminal Appeal No. 155 of 2022 and Criminal Appeal No. 352 of 2022

Decided on September 30, 2024

Citation: 2024 SCC OnLine Bom 3437.

Read full Judgment here: Click here.

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Bombay HC: What precautions Session Judge should take while admitting the CA reports and the DNA report?

  The Prosecutor has not examined the carrier, who had deposited the samples with R.F.S.L., Amravati. The Investigating Officer did not produce on record the extract of the Malkhana register. Malkhana in-charge was not examined. It is to be noted that the samples had been collected on or before 6th April, 2016. The samples had been forwarded to the R.F.S.L., Amravati, vide Exh.106 on 11th April, 2016. The prosecution has failed to place on record the evidence with regard to the custody of the samples and the care taken to preserve the samples during this period. If the carrier had been examined, then he would have highlighted the relevant aspects. The CA reports, in this case, are very important. The CA reports had been tendered in the evidence at the time of the examination of the Investigating Officer (PW-10). The learned Judge did not pass a specific order under Section 293 of the Cr. P.C. and admitted these reports in evidence. The CA reports are very important. On the basis of the CA reports, a case is sought to be made out that the blood sample and the semen samples matched with the blood samples of the appellants. {Para 24}

26. The Prosecutor failed to examine the Chemical Analyzer, Amravati, to prove the contents of the CA reports. Similarly, he has failed to examine the DNA Expert from R.F.S.L., Nagpur. It is to be noted that DNA evidence is a scientific opinion. It has to be proved like any other document. The prosecution has to establish the link by adducing cogent and concrete evidence from the time of the collection of the samples till the samples are finally analysed by the F.S.L. In this case, the carrier has not been examined. The Chemical Analyzer has not been examined. Similarly, the DNA Expert has not been examined. 

27. In this case, the important witnesses have not been examined. There is no evidence with regard to the packaging, storage, handling, and preservation of the samples to rule out possibility of tampering or contamination. Perusal of the record would show that there is no reason for non-examination of these witnesses. The learned Judge has placed implicit reliance on the CA reports and the DNA report. The complete DNA report is not part of the record. Therefore, the finding recorded by the learned Judge that the DNA report fully corroborates the testimony of the prosecutrix is without application of mind. It is to be noted that it was the duty of the learned Judge at least to question the Prosecutor with regard to the evidence to prove the contents of these reports. The record shows that the learned Judge, while recording the examination-in-chief of the Investigating Officer, exhibited the CA reports and the DNA report. I fail to understand as to how the Investigating Officer could be the author of the CA reports and the DNA report. The evidence of the Investigating Officer could not be said to be legally admissible evidence to prove the contents of the CA reports and the DNA report. The evidence of the Investigating Officer could be relevant to the extent of the procedural part with regard to forwarding of the samples, preservation of the samples, and the receipt of the DNA report. In such a case, the learned Judge was required to pass a separate order under Section 293 of the Cr. P.C. and admit such scientific evidence in the case. It is to be noted that the helpless prosecutrix had no control over this. The acceptance of the submissions advanced by the learned advocates for the appellants, highlighting the drawbacks and lacunas, would cause miscarriage of justice. The helpless prosecutrix would be deprived of her right to get justice. In my view, this is a very serious matter.

28. Before parting with this subject, I must mention that while admitting the CA reports and the DNA report, without examining the Chemical Analyzer and the DNA Expert, the Court has to pass an appropriate order. First and foremost, the learned Presiding Officer shall insist for the examination of the Chemical Analyzer and the DNA Expert to prove the contents of the reports. The examination of the Chemical Analyzer and the DNA expert, in such a case, can take care of the custody, preservation, and handling of the samples from the time of the receipt till the final analysis of the samples. In my view, this is a very vital flaw in the case of the prosecution, which has been crept in on account of the casual and careless approach of the Prosecutor and the learned Presiding Officer.

In the High Court of Bombay

(Before G.A. Sanap, J.)

Criminal Appeal No. 155 of 2022

Puranlal Sakaru Dhurve. Vs State of Maharashtra, 

Criminal Appeal No. 155 of 2022 and Criminal Appeal No. 352 of 2022

Decided on September 30, 2024

Citation: 2024 SCC OnLine Bom 3437.

Read full Judgment here: Click here.

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Whether Session Judge can permit prosecution to show photo of accused to victim for his identification?

Learned advocate Mr. R.R. Vyas took me through the entire record and pointed out the material flaws in the case. Learned advocate submitted that, on the date of the evidence of the informant, the appellants were not produced before the Court. It is submitted that the evidence recorded in the absence of the accused was contrary to the mandate of Section 273 of the Criminal Procedure Code, 1973 (for short, “Cr.PC”). Learned advocate submitted that the learned Judge, without insisting for the production of the appellants while recording the evidence of such a star witness, showed some photographs of the appellants from the record to the informant to establish their identification. Learned advocate further submitted that the trial conducted against the appellants was not a fair trial. {Para 8}

 The identification of the accused in the Court has to be strictly proved in such cases. The learned second Judge, who recorded the evidence of PW-4, did not even bother to secure the presence of the appellants. The learned Judge adopted a shortcut method. The learned Judge, instead of securing the presence of the appellants, showed some photographs from the record to the informant. On going through the record, I am shocked that the full-size photographs of the appellants are not on record. The learned Judge has not made a note as to which photographs had been shown to the appellants. It is further seen that those photographs have not even been marked as articles or exhibits.

In the High Court of Bombay

(Before G.A. Sanap, J.)

Criminal Appeal No. 155 of 2022

Puranlal Sakaru Dhurve. Vs State of Maharashtra, 

Criminal Appeal No. 155 of 2022 and Criminal Appeal No. 352 of 2022

Decided on September 30, 2024

Citation: 2024 SCC OnLine Bom 3437.

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Whether the court should draw adverse inference against wife if she refuses to undergo DNA test in cross examination?

Thus, as on today, in this petition also though vehemently arguments are advanced saying that the petitioner husband is ready go for DNA test, still no separate application is filed for DNA test. Mere submission that question was asked in cross-examination to wife that whether she is ready to go for DNA test, where she has answered that she is not ready itself would not be sufficient to draw adverse inference against the wife. Now, the only question remains whether at this stage DNA test can be ordered merely for asking. His entire argument is that the respondent No. 2 is not his biological daughter cannot be now accepted, firstly, there is no separate application filed by him neither in the Trial Court, nor before the Revisional Court; secondly, no case is made out by the petitioner-husband to direct DNA test. Both the Courts below have rightly observed that no case is made out by the husband to show that for the period of 280 days before the delivery of child, there was no access to him with his wife respondent No. 1. {Para 18}

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Writ Petition No. 271 of 2017

Decided On: 07.01.2023

Namdeo Vs. Seema and Ors.

Hon'ble Judges/Coram:

Kishore C. Sant, J.

Citation:  MANU/MH/0049/2023.

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Supreme Court: Factors to be considered by the court while directing wife to undergo DNA test to determine paternity of a child

 In Indian matrimonial proceedings, when deciding an application for directing a wife to undergo a DNA or blood test to determine the issue of paternity, the court will consider various factors in accordance with the provisions of the Indian Evidence Act and other relevant legal principles. Here are some of the factors typically considered by the court:

• 1) Prima Facie Case: The party seeking the DNA or blood test must establish a prima facie case, meaning they must provide some initial evidence or circumstances that raise a reasonable doubt about the paternity of the child.

• 2) Welfare of the Child: The court's primary concern is the welfare and best interests of the child. It will consider the child's age, emotional well-being, and any potential harm that may result from the test or its consequences.

• 3) Voluntary Consent: Ideally, the parties involved, including the wife, should consent voluntarily to the paternity test. If the wife is unwilling to undergo the test, the court may weigh her right to bodily integrity against the interests of determining paternity.

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Important Notes and Caselaws on Family law(Part 3)

1) The Personal Laws (Amendment) Act, 2010

https://www.lawweb.in/2013/04/the-personal-laws-amendment-act-2010.html

2) Important provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019.

https://www.lawweb.in/2023/09/important-provisions-of-muslim-women.html

3) Important Notes on Evidence Act

https://www.lawweb.in/2020/05/important-notes-on-evidence-act.html

4) Important Notes on Civil procedure Code

https://www.lawweb.in/2020/05/important-notes-on-civil-procedure-code.html

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Bombay HC: Precaution to be taken by the court before recording evidence Mentally retarded victim of sexual offence

Further, it is to be noted that P.W. 4, in his cross-examination, specifically stated that his sister had not told the name of the accused. In the background of these statements, the testimony of P.W. 5-victim is required to be considered. Though she was mentally retarded, it appears that the learned Trial Judge recorded her testimony. Rather it was the decision by the prosecution to examine the victim though she was mentally challenged. Section 118 of the Indian Evidence Act specifies who may testify. It is prescribed that all persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Therefore, the said Section rather gives a discretion to the Court to consider whether a witness prevented from testifying himself or herself due to above-said in capacities. The explanation of Section 118 of the Evidence Act states that a lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Under such circumstance, even a lunatic/mentally challenged person can also testify, but it would be for the Court to consider the capacity of such witness. With this legal position, if we consider the testimony of P.W. 5, it appears that even the oath was administered to the witness. Before administering oath, whether certain questions were put to the victim to testify, whether she is able to give rational answers is not reflected. A note has been taken that witness being mentally retarded, her brother, who can understand the language of the witness and, therefore, he was ordered to stand near the witness box to interpret her statement. We find that proper procedure has not been adopted by the learned Trial Court to record the testimony of P.W. 5-victim. Whether she had given answers by gestures or any other language, is not clarified. Further, P.W. 1-brother of the victim who was allowed to stand nearby the victim when victim's testimony was recorded, his own testimony as P.W. I was recorded on 14.10.2014, whereas the victim's testimony was taken on 06.02.2015. In the note it is stated that he was given the job of an interpreter. If it is so, then again oath ought to have been administered to the interpreter before recording the testimony of the victim. With these procedural lacuna's, we try to consider what the victim has stated. She has stated that she has two brothers and two sisters. P.W. 1 is the elder brother. The year prior to her deposition, P.W. 1 was out of village. Male issue was begotten to her from guest . Then it appears that five photographs were shown to witness and she was asked to identify the "Guest" out of those five photographs and then it is stated that she identified the guest in photograph No. 3 and shown to the Court and that photograph is marked as Exhibit-26. Then she has stated that the accused present in the Court is the same guest. We failed to understand what kind of procedure was adopted. The Trial Court has no clarified, who were those other four persons, whose photographs were shown to the victim. When the accused was present before the Court, then why this task was undertaken by the learned Presiding Officer. It is then certain that in her examination-in-chief, she has not given the name of the accused, but she named him as 'guest' . The learned APP who was conducting the matter before the Trial Court has not taken pains to ask the relationship of the accused and how accused could have been termed as 'guest' . In cross-examination, it has been taken on record that she has two sisters. Both are married and the husband of sister is called as 'guest' . Now, going back to testimony of P.W. 1, at the cost of repetition, it can be said that P.W. 1 has not disclosed that accused is the husband of sister. Further, the victim in her cross-examination has stated that the male issue she had begotten was not from the accused, who is present before the Court. That means, she is denying the said fact. Before we further analyse this fact, it is to be noted that in the testimony of P.W. 1, it was not brought on record that the victim delivered a child and what happened to the child. 

 IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Appeal No. 306 of 2016

Decided On: 15.03.2023

Suresh Devidas Malche Vs The State of Maharashtra

Hon'ble Judges/Coram:

Vibha Kankanwadi and Y.G. Khobragade, JJ.

Author: Vibha Kankanwadi, J.

Citation: MANU/MH/0997/2023,2023 Lawweb (Bom HC ) 22.

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Important Supreme Court and Bombay HC Judgments on POSCO Act (Part 1)

 

1) Supreme court guidelines to Judges about Judgments writing in sexual offences.

APARNA BHAT & ORS. Vs STATE OF MADHYA PRADESH 

Author: S. RAVINDRA BHAT, J.

Dated:March 18, 2021.

https://www.lawweb.in/2021/03/supreme-court-guidelines-to-judges.html

2) Guidelines of supreme court for grant of compensation to child victim under POCSO Act.

NIPUN SAXENA Vs  UNION OF INDIA 

Dated: SEPTEMBER 05, 2018

https://www.lawweb.in/2018/10/guidelines-of-supreme-court-for-grant.html

3) Supreme Court: Copy of statement under section 164 Cr. P. C. of victim not to be given to accused until filing of chargesheet.

State of Karnataka  Vs. Shivanna @ Tarkari Shivanna

[Special Leave Petition (CRL.) No. 5073/2011]

Dated; 25 April 2014

https://www.lawweb.in/2014/05/latest-guidelines-of-supreme-court-in.html

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Whether the court can direct DNA test in Criminal case U/S 498A of IPC?

 iii. In Inayath Ali v. State of Telangana, MANU/SC/1538/2022, the question before this Court was whether a DNA test of two minor children could be ordered by a Court, with a view to facilitate proof of allegations Under Sections 498A, 323, 354, 506 and 509 of Indian Penal Code, 1860. This Court speaking through Aniruddha Bose, J. at the outset took note of the fact that the dispute was essentially one relating to dowry related offences, and that paternity of the children of the complainant was not directly related to the allegations. The complainant therein sought for a direction to conduct DNA test of her two minor children, in order to establish that they were born as a result of her forced relationship with her brother-in-law. Rejecting the complainant's plea, this Court held as under as to the power of Courts to subject children to DNA testing, in proceedings in which their status is not required to be examined:

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1308 of 2023 

Aparna Ajinkya Firodia Vs. Ajinkya Arun Firodia

Hon'ble Judges/Coram:

V. Ramasubramanian and B.V. Nagarathna, JJ.

Authored By : B.V. Nagarathna, V. Ramasubramanian

B.V. Nagarathna, J.

Decided On: 20.02.2023.

Citation: MANU/SC/0148/2023.

Read full Judgment here: Click here

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What is the test of eminent need?

 ii. In Bhabani Prasad Jena, this Court emphasised that a direction to use DNA profiling technology to determine the paternity of a child, is an extremely delicate and sensitive aspect. Therefore, such tests must be directed to be conducted only when the same are eminently needed. That DNA profiling in a matter relating to paternity of a child should not be directed by the court as a matter of course or in a routine manner, whenever such a request is made. The court has to consider diverse aspects including presumption Under Section 112 of the Evidence Act; pros and cons of such order and the test of 'eminent need' whether it is not possible for the court to reach the truth without use of such test. It was further declared that a Court may direct that a DNA test be conducted, to conclusively determine paternity, only when there is a strong prima-facie case in favour of the person seeking such a direction.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1308 of 2023 

Aparna Ajinkya Firodia Vs. Ajinkya Arun Firodia

Hon'ble Judges/Coram:

V. Ramasubramanian and B.V. Nagarathna, JJ.

Authored By : B.V. Nagarathna, V. Ramasubramanian

B.V. Nagarathna, J.

Decided On: 20.02.2023.

Citation: MANU/SC/0148/2023.

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Whether the court can order DNA test of child to prove adultery of wife?

 Use of DNA profiling technology as a means to prove adultery:

11. With the advancement of science, DNA profiling technology which is a tool of forensic science can, in case of disputed paternity of a child by mere comparison of DNA obtained from the body fluid or body tissues of the child with his parents, offer infallible evidence of biological parentage. But, it is not always necessary to conduct a DNA test to ascertain whether a particular child was born to a particular person, however, the burden of proof is on the husband who alleges illegitimacy. He has to establish the fact that he has not fathered the child born to his wife which is a negative plea by positive proof in accordance with Section 112 of the Evidence Act.

11.1. A Family Court, no doubt, has the power to direct a person to undergo medical tests, including a DNA test and such an order would not be in violation of the right to personal liberty Under Article 21 of the Constitution, vide Sharda. However, the Court should exercise such power only when it is expedient in the interest of justice to do so, and when the fact situation in a given case warrants such an exercise. Thus, an order directing that a minor child be subjected to DNA test should not be passed mechanically in each and every case.

11.2. This Court has, while considering questions connected with Section 112 of the Evidence Act, consistently expressed the stand against DNA tests being ordered on a mere asking. Further, the law does not contemplate use of DNA tests as exploratory or investigatory experiments for determining paternity. The following decisions of this Court are highly instructive in determining the circumstances under which a DNA test may be ordered by a Court in matters involving disputed questions of paternity:

26. From the above discussion it emerges:

(1) that courts in India cannot order blood test as a matter of course;

(2) wherever applications are made for such prayers in order to have roving inquiry, the prayer for blood test cannot be entertained.

(3) there must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising Under Section 112 of the Evidence Act.

(4) the court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a bastard and the mother as an unchaste woman.

(5) no one can be compelled to give sample of blood for analysis.

 IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1308 of 2023 

Aparna Ajinkya Firodia Vs. Ajinkya Arun Firodia

Hon'ble Judges/Coram:

V. Ramasubramanian and B.V. Nagarathna, JJ.

Authored By : B.V. Nagarathna, V. Ramasubramanian

B.V. Nagarathna, J.

Decided On: 20.02.2023.

Citation: MANU/SC/0148/2023.

Read full Judgment here: Click here

Print Page