DNA test by Mr ND Tiwari
Dr V. Nageswara Rao
(Querist) 26 March 2011
This query is : Resolved
In the case of the paternity determination case relating to Mr ND Tiwari, the Supreme Court is said to have confronted his legal counsel with the question "Give one reason why he cannot undergo the test?" That is a good question as to why Mr Tiwari does not want to volunteer to undergo the test.But another good question that the Supreme Court has to answer is : Show one section of any Act under which the Court can order a person to undergo the DNA test. Ss. 53 and 53A of CrPC confer the power to order the test in a criminal case. In the civil case of determination of paternity, there is no statutory authorization to order the test.
Ghanshyam Mishra
(Expert) 27 March 2011
Dr. expert opinion can be called for there is no embargo on the same,even cpc provides it.Ghanshyam MISHRA 9899794006
Advocate. Arunagiri
(Expert) 27 March 2011
Civil court is having all such powers to order for scientific test.
Devajyoti Barman
(Expert) 27 March 2011
Yes the order was made keeping the ends of justice n mind.
Guest
(Expert) 27 March 2011
Hi Dr. Rao,
Yours also is a very god question
BUT, needless to mention, any advocate may not dare to ask such a question to the highest court of the country to challenge that so openly. So, my suggestion is, in the common cause and to bring to the notice of the law makers to think about the review of legal position, why not file a PIL to get the valid judgment on the issue once for all.
Dr V. Nageswara Rao
(Querist) 27 March 2011
The power of the Civil Courts to rely on the omnibus "inherent power" under S. 151 or the amorphous power to order scientific investigation under S 75 (e) of CPC cannot be considered as the source of power to order DNA tests any more. Prior to amendment of CrPC expressly empowering the conduct of DNA tests, Courts used to depend on the omnibus power under S. 462 of CrPC. In Selvi v. Karnataka, the Apex Cort has held the tests to be unconstitutional as violating Arts. 20(3) and 21. So resort to Ss. 53 etc of CrPC is a matter of doubt now in criminal proceedings. Omnibus powers will not help anymore.
