'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute
2 years, 7 months ago

'Directions For Conducting DNA Test Violative Of Individual's Privacy': MP High Court Denies Permission For Blood Test In Relation To Property Dispute

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the lower court rejecting an application for compelling an individual to undergo a DNA Test in an ongoing suit for partition. The Court held that the presumption provided under Section 112 of the Evidence Act is rebuttable and that the Petitioner would get every opportunity to rebut the said presumption during the trial. There must be a strong prima-facie case to the effect that the husband had no access in order to dispel the presumption arising under Section 112 of Evidence Act and the court must carefully examine as to what would be the consequence of ordering the blood test i.e. The Petitioner then moved an application under Order XXVI Rule 10 CPC r/w Section 45 of the Evidence Act, asserting that Hemlata was not her daughter and therefore prayed for her DNA test to ascertain that she was not the daughter of her husband either.

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History of this topic

Child's Right To Know Father Must Be Balanced With Other Person's Right To Privacy; Can't Force DNA Test On Mere Adultery Allegations : Supreme Court
1 month, 3 weeks ago

Child's Right To Know Father Must Be Balanced With Other Person's Right To Privacy; Can't Force DNA Test On Mere Adultery Allegations : Supreme Court

Live Law  

The Supreme Court held that a careful balance must be struck between the child's right to know their biological parents and an individual's right to dignity and privacy. The Court emphasized that once the legitimacy of the child is established under Section 112 of the Evidence Act, it would be unjust to compel a third party to undergo a paternity …

No right to DNA test, paternity determined by legitimacy: SC
1 month, 3 weeks ago

No right to DNA test, paternity determined by legitimacy: SC

Hindustan Times  

The Supreme Court on Tuesday ruled that an individual does not have a legal right to seek a DNA test on another person to prove paternity, underscoring that such an inquiry could lead to a “collateral infringement of privacy” and potentially eviscerate a person’s reputation and standing in society. 'Must be mindful of…' “While permitting an enquiry into a person’s …

Child’s right to know paternity through DNA test must be balanced with right to privacy of ‘potential’ father: SC
1 month, 3 weeks ago

Child’s right to know paternity through DNA test must be balanced with right to privacy of ‘potential’ father: SC

The Hindu  

The Supreme Court on Tuesday held that DNA tests cannot be used as a tool by children to embark on a roving enquiry into their paternity. A child’s legitimate interest to know her biological parent must be balanced by the potential father’s right to protect his privacy and dignity. However, Justice Kant, who authored the judgment, noted that the effects …

SC Upholds Man's Refusal For DNA Test, Rules Interest To Know Father Can't Infringe On Right To Privacy
Trending News
1 month, 3 weeks ago

SC Upholds Man's Refusal For DNA Test, Rules Interest To Know Father Can't Infringe On Right To Privacy

ABP News  

The Supreme Court on Tuesday reaffirmed the principle that a child's legitimacy determines paternity, emphasising that a child born during a valid marriage is presumed to be the legitimate offspring of the parents who had access to each other at the time of conception. Appellant Argued Against DNA Test, Respondent Said Legitimacy And Paternity Are Distinct Concepts The Appellant contended …

Kannauj rape: Police seek court’s permission for DNA test on SP leader
7 months, 1 week ago

Kannauj rape: Police seek court’s permission for DNA test on SP leader

Hindustan Times  

KANPUR: The police on Wednesday moved the POCSO court to obtain permission for a DNA test on Samajwadi Party leader Nawab Singh Yadav. SP Kannauj Amit Kumar Anand said the DNA test was crucial for the ongoing investigation. “We have approached the court for permission for the DNA test and for the sample to be taken from the accused,” he …

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs
1 year, 3 months ago

Delhi High Court Sets Aside Motor Accident Tribunal's Order To Exhume Deceased's Body For DNA Test To Verify Legal Heirs

Live Law  

The Delhi High Court has set aside an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs.Justice Navin Chawla allowed the petition moved by persons claiming to be legal heirs of …

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape
1 year, 7 months ago

‘Violative Of Privacy Right Of The Infant’: Chhattisgarh High Court Rejects Applications Seeking DNA Test Of Child Born Out Of Gang Rape

Live Law  

The Chhattisgarh High Court has recently rejected applications filed by two men, accused of committing gang rape on a minor girl, for conducting DNA test of the child born to the victim subsequent to the gang rape. The Division Bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held the demand for DNA test as a violation of the …

Vengaivayal case: Special Court directs four juveniles to undergo DNA test
1 year, 8 months ago

Vengaivayal case: Special Court directs four juveniles to undergo DNA test

The Hindu  

The Special Court for Exclusive Trial of Cases Registered under the SC/ST Act, Pudukottai, on Monday ordered four juveniles to undergo a DNA test in connection with the Vengaivayal case. The order was issued based on a petition filed by the Crime Branch-CID seeking DNA testing of the four juveniles of Eraiyur and Vengaivayal. The court directed that an appropriate …

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children
1 year, 9 months ago

'Prayer Completely Unwarranted': Delhi High Court Rejects Woman's Plea Seeking DNA Sample Of Husband, Father-In-Law For Matching With Own Children

Live Law  

Terming it a case with an unusual prayer, the Delhi High Court has dismissed a woman's plea seeking directions for her husband and father-in-law to submit their DNA Samples before a DNA profiling agency in Rohini. The woman along with her two children had approached the court after the father-in-law allegedly "cast doubt" on their identity by claiming that "they …

Delay in trials of sexual offences against kids: Forensic lab assures court of prompt purchase of DNA kits
1 year, 9 months ago

Delay in trials of sexual offences against kids: Forensic lab assures court of prompt purchase of DNA kits

Hindustan Times  

The Forensic Science Laboratory at Madhuban in Karnal on Friday assured a special fast-track court holding trial of Protection of Children from Sexual Offences Act cases in Palwal that the process of purchase of DNA PCR kits has been expedited. The POCSO fast-track court of additional sessions judge Prashant Rana, which is holding a trial in the rape and murder …

Refusal For DNA Test After Allegation Of Adultery Can’t Lead To Inference Of Adulterous Relationship As Conclusive Proof Absent: Patna High Court
1 year, 10 months ago

Refusal For DNA Test After Allegation Of Adultery Can’t Lead To Inference Of Adulterous Relationship As Conclusive Proof Absent: Patna High Court

Live Law  

The Patna High Court recently said that the refusal for a DNA test after an allegation of adultery cannot be used to draw an inference to such an extent that the person against whom the accusation has been made "is in adulterous relation with someone because conclusive prove of D.N.A. Justice Dr. Anshuman said that adverse inference ought to be …

Vengaivayal incident: SC man challenges special court order to conduct DNA test
1 year, 10 months ago

Vengaivayal incident: SC man challenges special court order to conduct DNA test

The Hindu  

One of the eight persons who did not take DNA test in connection with the Vengaivayal case has filed a petition before the Madurai Bench of the Madras High Court, challenging the Pudukkottai Special Court’s direction to him and others to undergo the DNA test. The Special Court for Exclusive Trial of Cases under the SC/ST Act issued an order …

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court
1 year, 11 months ago

Father Cannot Avoid Paying Maintenance To Child By Seeking Frivolous Paternity Test: Bombay High Court

Live Law  

The Bombay High Court recently held that a child can be ordered to undergo paternity test only in exceptional cases and father’s attempt to avoid paying maintenance to son by seeking DNA testing should be thwarted at the very inception. The child is the one on test, not the mother, the court said adding that absolute need and necessity for …

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs
2 years ago

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

Live Law  

The Delhi High Court has stayed an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs. Justice Rekha Palli observed that the Tribunal failed to appreciate that a DNA test cannot …

Children have a right to protect their genetic information from DNA tests: SC judgment
2 years, 1 month ago

Children have a right to protect their genetic information from DNA tests: SC judgment

The Hindu  

The Supreme Court has held in a judgment that children cannot be mechanically subjected to DNA tests in each and every case between warring parents as a short-cut to establish proof of infidelity. The information goes to the very heart of who she or he is,” the judgment added, emphasising that “a child’s genetic information is part of his fundamental …

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED
2 years, 1 month ago

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED

Live Law  

Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The court said a Family Court no doubt has the power to direct a person to undergo a medical test including a DNA test but “an order directing that a minor child be subjected to DNA test should …

Supreme Court says cannot order DNA test of child to prove infidelity charge
2 years, 1 month ago

Supreme Court says cannot order DNA test of child to prove infidelity charge

India Today  

The Supreme Court has said that the DNA test of a minor child cannot be ordered routinely in matrimonial disputes involving allegations of infidelity. READ | DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court "Children have the right not to have their legitimacy questioned frivolously before a Court of Law. The …

Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test'
2 years, 1 month ago

Children's Right Not To Have Their Legitimacy Questioned Frivolously Part Of Their Privacy Right : Supreme Court On Power To Order 'DNA Test'

Live Law  

The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act. The court also observed that it is not prudent to draw an adverse inference under Section 114 of the Evidence Act, in …

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court
2 years, 1 month ago

POCSO Act | Accused Has Statutory Right To Cross Examine Victim But Questions Should Not Reveal Her Identity: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that though an accused under the POCSO Act has the right to cross examine the victim, the questions asked by the defence cannot be such that reveal her identity during the trial.Justice Ilesh J. Vora observed that Section 33 cast a duty upon the Court to ensure that the identity of the …

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court
2 years, 2 months ago

Merely Saying Wife Refused DNA Test Of Child During Cross Examination Not Sufficient To Draw Adverse Inference: Bombay High Court

Live Law  

The Bombay High Court recently dismissed a man’s petition challenging the grant of maintenance to his wife, observing that a claim regarding wife's refusal during cross examination to undergo DNA test for ascertaining the paternity of girl child is not sufficient to draw an adverse inference. Justice Kishore C. Sant of the Aurangabad bench said: “Mere submission that question was …

Demand grows, but DNA tests fall under a grey area
2 years, 4 months ago

Demand grows, but DNA tests fall under a grey area

The Hindu  

Deoxyribonucleic acid or DNA tests occupy a grey area in the quest for justice, vacillating between the dangers of slipping into self-incrimination and encroachment of individual privacy and the ‘eminent need’ to unearth the truth, be in the form of evidence in a criminal case, a claim of marital infidelity or proving paternity. The Supreme Court has recently held — …

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court
2 years, 5 months ago

DNA Test Report Favouring Accused In Rape Case Not Gospel Truth, Cross-Examination Of Doctor Necessary: Karnataka High Court

Live Law  

The Karnataka High Court has said that the DNA analysis report, which favours the accused in a rape case, is not a clinching evidence that would result in termination of proceedings against him.A single judge bench of Justice M Nagaprasanna, while dismissing the accused's petition against the criminal proceedings, said: "If a positive result of the DNA comes about against …

Forensic Evidence And Right To Privacy
2 years, 5 months ago

Forensic Evidence And Right To Privacy

Live Law  

The Indian Evidence Act, 1872 is one of the oldest legislations in our country. A three judge bench of the Hon'ble Supreme Court in Mukesh and Anr v. State observed that DNA technology as a part of Forensic Science and scientific discipline not only provides guidance to investigation but also supplies the Court accrued information about the tending features of …

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court
2 years, 7 months ago

DNA Test Cannot Be Ordered As Matter Of Course To Determine Parentage: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that a Court cannot order a DNA test as a matter of course and for this reason a prayer to order DNA test cannot be granted to lead to a roving inquiry, in this case into the parentage of the respondent. The court was dealing with a petition under Article 227 of the …

DNA test in rape case not conclusive evidence: Bombay High Court
2 years, 7 months ago

DNA test in rape case not conclusive evidence: Bombay High Court

India Today  

The Bombay High Court has held that a DNA test cannot be said to be conclusive evidence in a case of rape and can only be used as corroborative evidence. Justice Bharti Dangre, while rejecting the bail plea of the accused, said: "The DNA test excludes the man as the father of the child, but that does not discredit the …

DNA test in rape case corroborative, not conclusive evidence: Bombay HC
2 years, 7 months ago

DNA test in rape case corroborative, not conclusive evidence: Bombay HC

India TV News  

DNA test in rape case corroborative, not conclusive evidence: Bombay HC DNA test in rape case: Positive DNA test would constitute clinching evidence against the accused if the result is negative, but the other material available on record will still have to be considered. Highlights Bombay HC ruled that a DNA test cannot be said to be the "conclusive evidence" …

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case
2 years, 10 months ago

Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case

Live Law  

The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court …

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC
3 years, 3 months ago

Rape survivor can't be compelled to baby's DNA testing for determining paternity: Allahabad HC

India Today  

The Allahabad High Court on Thursday held that a rape survivor cannot be compelled to allow her baby to undergo DNA test for determining paternity. The Lucknow bench set aside an order of a POCSO court which had directed for DNA test of the baby on the plea of the minor accused in the rape case. During trial before Juvenile …

Forced DNA test infringes personal liberty, right to privacy: Supreme Court
3 years, 5 months ago

Forced DNA test infringes personal liberty, right to privacy: Supreme Court

India TV News  

The Supreme Court has said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. "Whether a person can be compelled to provide a sample for DNA in such matters can also …

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court
3 years, 5 months ago

DNA test to be ordered only in deserving cases, forcing someone infringes right to privacy: Supreme Court

India Today  

The Supreme Court said on Friday that DNA tests should not be ordered routinely but only in deserving cases. Forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of the individual, the apex court added. "Whether a person can be compelled to provide a sample for DNA in such matters can also …

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test
3 years, 5 months ago

'Infringes Liberty, Privacy': SC Says Can't Force Unwilling Party to Undergo DNA Test

News 18  

The Supreme Court Friday said DNA test is not to be directed as a matter of routine but only in deserving cases as forcing an unwilling party to undergo a DNA test infringes the personal liberty and right to privacy of an individual. “Whether a person can be compelled to provide a sample for DNA in such matters can also …

Forcing Party To Undergo DNA Test Against Will Impinges On Personal Liberty & Right To Privacy : Supreme Court
3 years, 5 months ago

Forcing Party To Undergo DNA Test Against Will Impinges On Personal Liberty & Right To Privacy : Supreme Court

Live Law  

The Supreme Court has observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. "When the plaintiff is unwilling to subject himself to the DNA test, forcing him to undergo one would impinge on his personal liberty and his right to privacy", observed a bench comprising Justices R Subhash Reddy and Hrishikesh …

Accuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict's Appeal [Read Judgment]
4 years, 5 months ago

Accuracy Of DNA Test Result Cannot Be Doubted Unless The Procedure Is Shown To Be Compromised: Tripura HC Dismisses Rape Convict's Appeal [Read Judgment]

Live Law  

Unless the procedure is compromised, the accuracy of DNA test result cannot be doubted, the Tripura High Court observed while dismissing appeal filed by a man convicted for raping a minor girl.Bahadur Debbarma, the convict, had contended that mere determination of parentage would not be sufficient to record conviction of the accused for rape. Unless the procedure is compromised, the …

Section 112 IEA, And The DNA Test: Dissecting The Law
4 years, 7 months ago

Section 112 IEA, And The DNA Test: Dissecting The Law

Live Law  

Section 112 of Indian Evidence Act, 1872, which provides for legitimacy of the child born out of a valid marriage, has been the centre of debate for the last several years. Further, if a person declines to comply with the directions issued by court, a presumption of the nature contemplated in Section 114 illustration of the Act could be taken, …

SC Directs DNA Test Of 84 Year Old Man Accused Of Raping & Impregnating A Minor [Read Order]
4 years, 8 months ago

SC Directs DNA Test Of 84 Year Old Man Accused Of Raping & Impregnating A Minor [Read Order]

Live Law  

The Supreme Court has directed an 84 year old man to undergo DNA test.The octogenarian man is booked under Protection of Children from Sexual Offences Act, for allegedly raping a minor. The accused was denied bail by the Calcutta High Court and had hence filed a Special Leave Petition before the Apex Court.In his SLP, he submitted that he is. …

Delhi HC Directs Expeditious DNA Testing Of Bodies Of Riot Victims Without Waiting For Court Orders [Read Order]
4 years, 11 months ago

Delhi HC Directs Expeditious DNA Testing Of Bodies Of Riot Victims Without Waiting For Court Orders [Read Order]

Live Law  

The Delhi High Court has directed the Delhi Government to not to wait for court's order before conducting DNA testing of persons killed during the Delhi Riots. While noting that there's no law that requires the prior permission of the court before conducting DNA testing, the Single Bench of Justice Navin Chawla ordered the Delhi Government to expedite the process …

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]
5 years ago

Courts Cannot Routinely Order Determination of Paternity By Way of DNA Tests: MP High Court[Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that the courts cannot routinely order determination of paternity by way of DNA tests as forcefully subjecting someone to medical examination violates their right to privacy. The order takes cue from a decision of the Supreme Court in Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission For Women & Anr., 8 SCC …

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test
5 years, 4 months ago

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test

Live Law  

The Gujarat High Court has directed an 80 year old man to undergo DNA test.The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father. The Gujarat High Court has directed an 80 year old man to undergo DNA test. The court upheld an order of Family …

Delhi woman accuses Gujarat IAS officer of bigamy, seeks DNA test of child
5 years, 7 months ago

Delhi woman accuses Gujarat IAS officer of bigamy, seeks DNA test of child

India TV News  

A Delhi-based woman, who had leveled allegations of bigamy and cheating against Gujarat-cadre IAS officer Gaurav Dahiya, on Tuesday sought a DNA test of her 8-month old daughter to prove that he is the biological father. The woman arrived in Gandhinagar and met state Director General of Police Shivanand Jha and chairperson of the Gujarat State Commission for Women Leelaben …

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]
5 years, 7 months ago

DNA Test Cannot Be Ordered Without There Being Appropriate Satisfaction For Its Requirement: SC [Read Judgment]

Live Law  

The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction for requirement of such test.In this case, FIR was registered under Sections 465, 468, 471 and 420 IPC against the accused alleging that he obtained fake caste certificate. The Supreme Court has observed that DNA test cannot be ordered without there being appropriate satisfaction …

Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]
5 years, 8 months ago

Conducting DNA Test Of Rape Accused Is Part Of A Fair Trial: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court recently held that conducting DNA profiling of the accused under Section 53A of the Cr.P.C is a part of fair trial. The Court was hearing a revision petition filed by the petitioners, challenging an order of the Trial Court dismissing their application under Section 53-A Cr.P.C, for conducting DNA profiling of such. The Court …

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC
5 years, 9 months ago

Paternity Dispute: DNA Test Cannot Be Ordered Merely On The Basis Of Bland Statement Of Applicant (Father), Holds Rajasthan HC

Live Law  

Rajasthan High Court held that the courts have to be very careful and sensitive to the circumstances before passing orders for getting the DNA test conducted for establishment of paternity in a case. Background Bench of Justice Sanjeev Prakash Sharma was hearing a petition whereby petitioner husband had challenged the order of a Civil Judge, rejecting his application for demanding …

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]
6 years, 4 months ago

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

Live Law  

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether …

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]
6 years, 4 months ago

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

Live Law  

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 9 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
6 years, 9 months ago

DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]

Live Law  

‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.The man had approached the family court seeking …

DNA Evidence: A Crucial Ingredient for Fair and Just Investigations and Trials
7 years, 4 months ago

DNA Evidence: A Crucial Ingredient for Fair and Just Investigations and Trials

Live Law  

The Supreme Court of India has reiterated the importance of fair investigation and trial in a criminal case. Fair investigation and trial are essential for the preservation of fundamental rights of an accused person under Article 21 of the Constitution of India. The court can play a supervisory role in ensuring fair investigation by passing appropriate judicial orders giving directions …

DNA Technology: A Crucial Amendment Needed for Indian Legal System
7 years, 4 months ago

DNA Technology: A Crucial Amendment Needed for Indian Legal System

Live Law  

The article highlights the urgent need to amend the Code of Criminal Procedure and the Indian Evidence Act to incorporate provisions related to DNA technology. The introduction of DNA testing has revolutionized criminal investigations, but it also raises significant legal and constitutional challenges. The article emphasizes the importance of ensuring the accuracy and reliability of DNA evidence, particularly in cases …

#WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended
7 years, 4 months ago

#WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended

Live Law  

The Code of Criminal Procedure and the Indian Evidence Act were enacted at a time when modern scientific advancement and DNA tests were not even in the contemplation of Parliament or legislature. Perspective on Admissibility of DNA in Indian Legal System Its use as evidence in criminal investigations has grown in recent times in Indian legal system. There are certain …

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