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SC Denies Permission to Conduct DNA Tests
Evidentiary facts play a vital role in the legal system . Most matters rely on evidence produced by a lawyer to establsih his/her case. Along the same lines, investigation by police in a criminal matter is one of the most important factors and stages in for a case to proceed.
Recently, a judgement was passed by the apex Court which answered the issue was raised with regards to an order allowing the Police Authority or the Investigating Authority to conduct a DNA test of the accused.
The matter involved an accused who was charged with Sections 465, 468, 471 and 420 IPC, alleging that he had obtained a fake caste certificate and court allowed the Investigating Authority to conduct a DNA test of the accused and his family members.
The Apex Court, while setting aside the judgment passed by a High Court, observed that it would be prejudicial and unjustifiable to pass an order allowing police’s request for conducting a DNA test on an accused without any substantial investigation having been carried out by the police.
The Court was of the opinion that it would not do justice to the accused if the legally established procedure to administer a criminal matter is not duly followed. Moreover conducting a DNA test of an accused is a grave matter which is not be taken lightly. It must be resorted to on due completion of investigation, if on such completion the Court of Law is satisfied of the requirement of conducting such test.
The SC bench comprising Justice Ashok Bhushan and Justice Navin Sinha observed that:
There can be no dispute to the right of police authorities to seek permission of the Court for conducting DNA test in an appropriate case. In the present case, FIR alleges obtaining false caste certificate by the appellant by changing his name and parentage. The order impugned itself notices that investigation is not yet completed and material evidence are yet to be collected. The police authorities without being satisfied on material collected or conducting substantial investigation have requested for DNA test which is nothing but a step towards roving and fishing enquiry on a person, his mother and brothers. It is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for requirement of such test.
The court said that it was too early to request for the conduction of a DNA test of the accused and it would lead to a premature judgement.
