[POCSO] Kerala HC Orders Against Disclosure Of Reports Of DNA Profiling Done On Brother Of Minor Victim Without Consent/Permission Of Court

The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court. 

The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 & 376(3) of IPC and Section 6(1) & 5j(ii) of POCSO Act. 

The crime was registered on the statement of the victim's mother, upon the latter being diagnosed as 9 weeks pregnant. However, the complainant had not mentioned anyone as the accused. 

The petitioner alleges that it is thereafter that the Station House Officer of the Chalakudi Police Station, forcefully collected is blood sample for DNA profiling without his consent or permission of the jurisdictional court and implicated him as the accused in the presnt crime. 

The petitioner thus asserts that the same as resulted in violation of is Fundamental Rights under Articles 14 and 21 of the Constitution. The present plea has thus been filed seeking to quash the seizure of the blood sample of the petitioner that had been forcefully collected for DNA profiling without the requisite consent or permission. 

When the matter came up before the Single Judge Bench of Justice P. Gopinath, the Court admitted the matter, and imposed the interim stay not to disclose the reports of DNA profiling to any person without obtaining further orders from the Court. 

The matter has been posted for further consideration on October 18, 2023. 

The plea has been moved through Advocates Prabhu K.N., and Manumon A. 

Case Title: XXX v. State of Kerala & Anr. 

Case Number: CRL.M.APPL.NO.1/2023 IN CRL.MC NO. 8147 OF 2023

Click Here To Read/Download The Order