Karnataka HC on Thursday 6th January dismissed a rape accused’s plea seeking to quash a DNA report that found he was the biological father of a child born to the rape survivor. The court held that drawing blood sample of a rape accused for the purpose of DNA test to ascertain paternity does not amount to violation of fundamental right against self-incrimination under Article 20(3) of the Constitution.
The decision was delivered in the case of Malappa Malingaraya vs. State of Karnataka, by single bench of HP Sandesh.
The single judge bench also observed that DNA tests are not a matter of routine and that courts call for it as per the facts and circumstances of cases, it is to be stressed that stress that DNA profiling technique has been expressly included among the various forms of medical examination in the amended explanation to Section 53 of CrPC.
on the petitioner’s argument that providing the samples for the same amounts to a violation of the right against self-incrimination in Article 20, the Court said that if “the self-incriminatory information has been given by an accused person without any threat, that will not be hit by the provisions of Clause (3) of Article 20 of Constitution of India for the reason that there has been no compulsion.”
We offer a wide range of lawyers to cater to all your every legal needs and requirement.
Our team provides you support in managing your legal issue without any additional and hidden charges.
Once you finalise the lawyer, you can proceed with predefined time estimation & pricing.
Dedicated Case Follow-up Manager to assist you in coordination with the Lawyer.