Which section/provision of the Indian Legal Systems permits Admissibility of DNA?
BBA LLB 03 July 2021
Which section/provision of the Indian Legal Systems permits Admissibility of DNA?
Dr J C Vashista (Advocate) 04 July 2021
Your professor / guide / tutor can / should advise.
G.L.N. Prasad (Retired employee.) 04 July 2021
DNA is a science and having universal acceptance in interpretation and a piece of valid evidence. A fact can be proved through accepted science.
T. Kalaiselvan, Advocate (Advocate) 08 July 2021
The Law Commission of India in its 185th report has recommended Indian Evidence Act (Amendment) Bill, 2003 which makes provision for DNA tests in paternity disputes by the consent of the man, and in case of child by the permission of the Court.
Section 53 of the Code of Criminal Procedure, 1973, authorises a police officer to get the assistance of a medical practitioner in good faith for the purpose of the investigation. But, it does not enable a complainant to collect blood, semen etc for bringing criminal charges against the accused. The CrPC (Amendment) Act, 2005, has brought two new sections which authorise the investigating officer to collect DNA sample from the body of the accused and the victim with the help of a medical practitioner.
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