SC: Prior substantial investigation is a prerequisite for ordering a DNA test

The Hon’ble Supreme Court, on 5thAugust 2019, in the matter of Kathi David Raju v. The State of Andhra Pradesh & Anr. observed that an order allowing police’s request for getting conducted a DNAtest on an accused, withoutthere being any substantial investigation having been carried out by the police, is unsustainable and liable to be set aside.

The Hon’ble Supreme Court observed that:

Conducting a DNA test is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for requirement of such test. (This inference has been drawn on the basis of Para 10)

There cannot be any dispute that Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. An order allowing police’s request for getting conducted a DNAtest on accused, without carrying out any substantial investigation by the police, is unsustainable and liable to be set aside. (This inference has been drawn on the basis of Para 11)

Copy of judgement: Judgement_05-Aug-2019

-Tushar Kaushik

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