[S.53A CrPC] Almost Mandatory To Take Blood Samples For DNA Analysis In Rape Cases, Police Can Use Force If Needed: Delhi High Court

Stating that DNA testing is an “almost perfect science” to determine truthfulness of the allegations of rape, the Delhi High Court has held that Police is duty bound to take accused's blood sample for analysis in such cases.Justice Neena Bansal Krishna observed,“Section 53A Cr.P.C. has been introduced making it almost compulsory in rape cases, to conduct the blood test including the DNA analysis…by virtue of Section 53A Cr.P.C., the Police is duty bound to take blood sample for DNA analysis…in case the police fails to do so, it may invite the wrath of the Court...Section 53A Cr.P.C. itself states that where the Accused does not co-operate, the reasonable force as is necessary for the purpose, may be used.”Section 53A CrPC provides that in cases of rape/attempt to rape, where there is a reasonable ground to believe that the examination of such person would afford evidence as to the commission of the offence, direction be given for examination of such arrested person and to use such force as is reasonably necessary for that purposeIn the same breath, the bench added that it is also necessary to balance the rights of the accused and the victim. Thus, the facts of each case have to be examined and in case absolute evidence of “non-access” to the victim is found, it is a relevant consideration for refusing the blood sampling."Though, Section 53A Cr.P.C. has now almost made it mandatory to take the blood sample but at the same time, balancing the rights of the Accused and the victim is required between the two. The facts of each case have to be examined on their own merits and absolute evidence of nonaccess and that the factor of non-access to the victim, may be one such consideration for directing or refusing the blood sampling" the court said.In the case at hand, prosecutrix challenged a Sessions Court order setting aside Magistrate's direction for DNA testing of the accused booked for rape.As per facts, Prosecutrix allegedly became friendly with the Respondent and a child was begotten from their relationship.Respondent-accused contested DNA testing on the ground that the complainant was a married woman and thus, the presumption under Section 112 of the Evidence Act works in his favour and the taking of Blood Sample is not justified in the circumstances.The High Court however noted that the Prosecutrix had already separated from her husband by the time. It thus observed,“There can be no better evidence than the DNA Test…to prove or disprove the commission of the offence…In appropriate cases, especially those involving allegations of sexual assault, recourse to DNA testing is not only permissible but imperative”As such, the petition was allowed and the Respondent was directed to present himself for the taking of blood samples.Appearance: Ms. Nandita Rao, Senior Adv. with Ms. Aditi Shivadhatri, Ms. Prerna Singh, Ms. Jagriti Singh, Ms. Mamta Saha, Mr. Amit Peswani and Mr. Ankur Raghav, Advocates; Mr. Shoaib Haider, APP for the State with SI Udai Singh, P.S.Saket. Mr. Rakesh Kumar Khanna, Sr. Adv. with Mr. Harsh Prabhakar, Mr. Dhruv Chaudhary, Ms. Pallavi Garg, Mr. Anirudh Tanwar, Mr. Shubham Sourav, Advocates for Respondent No.2 along with R-2 in-person.Case title: Ms. X v. State (NCT of Delhi)Citation: 2025 LiveLaw (Del) 820Case no.: CRL.M.C. 2984/2023Click here to read judgment

[S.53A CrPC] Almost Mandatory To Take Blood Samples For DNA Analysis In Rape Cases, Police Can Use Force If Needed: Delhi High Court

Kapil Dhyani

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