Top Highlights

• DNA Tests Can Violate Privacy Right, Can't Be Directed As Matter Of Course; Section 112 Evidence Act Protects Children : Supreme Court
• The Supreme Court Bench, comprising Justices Aniruddha Bose and Vikram Nath, held – "Merely because something is permissible under the law cannot be directed as a matter of course to be performed particularly when a direction to that effect would be invasive to the physical autonomy of a person. The consequence thereof would not be confined to the...
• Upholding the impugned order, the High Court had held that the DNA test was permitted under Sections 53, 53A and 54 of the Criminal Procedure Code, 1973 and did not amount to testimonial compulsion. The Supreme Court took a different stand on the basis of two factors –
• First, neither were the children whose blood samples were directed to be taken parties to the proceeding, nor were their status required to be examined in the complaint. The Court observed that this raised doubt on "their legitimacy of being borne to legally wedded parents" and such directions, if carried out, had the potential of "exposing them to...
• Indian Evidence Act 1872- Section 112 -DNA test - SC sets aside direction for DNA test of children - notes that children were not parties to the proceedings -the test will have the potential of exposing them to inheritance related complication. Section 112 of the Evidence Act, gives a protective cover to children from allegations of this nature (Pa...

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