DNA test cannot be routinely ordered for rape survivor, child: Allahabad HC

The case involves charges under Sections 376 (rape), 452 (house-trespass), 342 (wrongful confinement), 506 (criminal intimidation) IPC, and Sections 5/6 of the POCSO Act.

The Allahabad high court has upheld a trial court’s decision rejecting a request for a DNA test of a rape survivor and her child, stating such tests cannot be ordered routinely due to serious social consequences.

Representational image (Sourced)

Justice Rajeev Misra dismissed a petition by Ram Chandra Ram, who challenged the trial court’s refusal. The court noted that in cases under Section 376 of the Indian Penal Code, establishing the paternity of the child is not required. “Only when compelling and unavoidable circumstances emerge can a court direct DNA testing of the survivor and her child,” the judgment said.

The case involves charges under Sections 376 (rape), 452 (house-trespass), 342 (wrongful confinement), 506 (criminal intimidation) IPC, and Sections 5/6 of the POCSO Act.

After the examination of five witnesses, the applicant requested a DNA test of the prosecutrix and her child to determine his guilt or innocence.

Citing Supreme Court rulings, the high court stressed that courts must exercise caution when considering DNA tests of survivors and children. The judgment dated August 22 confirmed there were no compelling reasons to order the test in this case.