blood collection for DNA profiling and CrPC

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.09325226691, 09271971251 e.mail.adv.nbsawant@yahoo.co.in e.mail.nandkumarbs@sify.com REGARDING THE D.N.A.TEST AND PATERNITY TEST KINDLY NOTE THAT. 1.IN HIGHLY CONTESTED MATRIMONIAL DISPUTES AND OTHER CRIMINAL CASES SOME TIMES QUESTION ARISES REGARDING THE PATERNITY OF THE CHILD. 2.I HAVE CONTESTED SIMILAR CASE ON BEHALF OF WIFE. THE FATHER OF THE CHILD DENIED THE PATERNITY OF CHILD AND WAS HIS DEFENCE TO AVOID GIVING MAINTAINENCE TO WIFE AND CHILD. 3.IN SUCH CASE AN APPLICATION CAN BE FILED IN COURT TO CONDUCT D.N.A. TEST TO PROVE THE PATERNITY OF CHILD.MEANS THE CHILD BORN TO THE WIFE IS FROM HER DISPUTING HUSBAND. 4.IN SUCH CASES AND OTHER CRIMINAL CASES ALSO BLOOD SAMPLES OF ALL HUSBAND , WIFE AND CHILD ARE COLLECTED AND D.N.A.TESTS ARE CONDUCTED ON THE SAME TO PROVE THE PATERNITY OF CHILD. 5.THIS IS AN EXPERT OPENION AND IS AN EXPERT WITNESS, HE WILL BE CALLED IN COURT AND WILL BE EXAMINED IN CHIEF AND THEN CROSS EXAMINED BY THE OTHER ADVOCATE.HE WILL DEPOSE AS WITNESS AND PROVE HIS D.N.A.TEST REPORTS IN COURT AND GIVE HIS OPENION ABOUT PATERNITY OF CHILD. 6 A LATEST SUPREME COURT CASE TAKES ENTIRE REVIEW OF D.N.A.TEST. KINDLY NOTE THAT SHARDA VERSES DHARAMPAL IS THE CASE CITED FOR PATERNITY TEST AND SUPREME COURT HAS GIVEN OPENION IN FAVOUR OF D.N.A.TEST. 7.KINDLY NOTE THAT BLOOD SAMPLES ARE EXAMINED IN THE LAB BY THE CERTIFIED AUTHORISED PERSON AND HE IS DEPOSING IN THE COURT FOR D.N.A.TEST ANALYSIS REPORT. IN CASE ANY FURTHER INFORMATION IS REQUIRED KINDLY SEND DETAILS. WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS. THANKING YOU YOURS SINCERELY NAKDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

Does Cr. P. C specifically say that for the collection of Blood samples at forensic Science lab for DNA profiling in paternity case, a Registered Medical Practitioner is the authorised person to collect blood samples ?? dunno ... will have to go through ....

But common sense will obviously mean that for such things as DNA Profiling in a Paternity case, a qualified persons services would certainly be required ... But does Cr.P.C. say that blood samples has to be collected by an RMP ?? Someone please help ..... 

Friends,

I am an expert working in the forensic science laboratory and usually appear before courts for evidence deposition.  In a DNA testing lab, the expert is doing the DNA analysis.  But the question is whether the expert can collect blood from the subjects.  According to CrPC, the blood sample has to be collected by and RMP. So clarity is required in this matter

sec-53 of the Code of Criminal Procedure runs as follows:-

                  (1)when a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence,it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arresrted as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonanbly necessary for that purpose.

  (2)Whenever the person of a female is to be examined under this section , the examination shall be made only by, or under the supervission, a female registered medical practitioner.

   Eexplanation.-In this section and in sections 53A and 54,-

(a) "examination shall include the examination of blood, blood stains, semen, swabs in case of s*xual offences, sputum and sweat,hair samples and finger nail clippings by the use of modern and scientific techniquesincluding DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;

 (b).;..

     so what the Criminal Procedure prescrbes is that the entire examination is to be done under the supervision of a RMP. The RMP may take all help from bonafide persons acting in good faith.

Originally posted by :Sachidanandan
"	Friends, I am an expert working in the forensic science laboratory and usually appear before courts for evidence deposition.  In a DNA testing lab, the expert is doing the DNA analysis.  But the question is whether the expert can collect blood from the subjects.  According to CrPC, the blood sample has to be collected by and RMP. So clarity is required in this matter Dear Mr Sachidanandan The whole point of blood collection in the laboratory is for authenticity. Any person can draw blood for DNA Testing. He or she need not be a medical practitioner. What u r speaking is abt medical examination of an accused person as per Cr PC. There u need to have a medical practitioner. Here for DNA testing all u need is to collect blood. It appears that you have not yet adopted the oral swab method or using a FTC card for blood collection. Its very user friendly. Please try. With regards. Dr G V Rao, DNA Analyst.	"

if there are no relation between husband and wife can it be proved by DNA

What do mean by establishing relationship between husband and wife. In case u r referring to proving the biological relationship between husband and wife with their child, then YES, DNA test can prove (if done correctly) the relationship that they share.

thanks to all for this page. is crpc used the word rmp? not mbbs? or rmp means mbbs?