Acquittal In Rape Case Doesn't Bar Scientific Determination Of Paternity : Supreme Court Upholds DNA Test Order

The Supreme Court recently held that a DNA test may be directed in a paternity dispute even where the alleged father was previously acquitted in a criminal rape case, observing that scientific evidence becomes indispensable when no other evidence can conclusively resolve the question of biological parentage.

A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh dismissed an appeal filed by a man challenging concurrent orders of the trial court and the Chhattisgarh High Court directing him to undergo DNA profiling to determine whether he is the biological father of a 27-year-old man who claims inheritance rights in his property.

The dispute traces its origins to 1999. The first respondent was born in September 1999, claims to be the son of the Appellant as a result of a relationship between the latter and his mother. The Appellant has consistently denied paternity.

The appellant relied heavily on his acquittal in a criminal case registered under Section 376 of the Indian Penal Code on the complaint of Respondent No.1's mother. He contended that previous proceedings, including maintenance litigation and related observations by courts, precluded any fresh determination of paternity.

After attaining majority, Respondent No.1 instituted a civil suit seeking a declaration that he is the biological son of the appellant and consequently entitled to a share in his property. During the pendency of the suit, the trial court directed a DNA test, which order was subsequently affirmed by the High Court, prompting the Appellant to appeal to the Supreme Court.

Affirming the impugned order, the judgment authored by Justice Karol noted that mere acquittal in a criminal case cannot dispel the question of paternity based on a biological relationship between the adults. According to the Court, an acquittal merely establishes that the prosecution failed to prove the criminal charge beyond reasonable doubt and does not conclusively negate the possibility of a biological relationship.

Recognising the fact that the Respondent No.1 had spent his entire life amidst conflicting assertions regarding his parentage, the Court said that if the issue remained unresolved, he could potentially be denied rights that may lawfully accrue to him if he were found to be the appellant's biological son.

Further, stressing that a balancing exercise between the appellant's privacy rights and Respondent No.1's right to know his biological father and establish any legal entitlements flowing from that relationship, the Court concluded that the DNA test was necessitated for resolving the dispute, when nothing was brought to record to indicate that during the relevant period, the Respondent No.2 had a relationship with a man other than the Appellant.

“As far as the right of privacy is concerned, we are balancing, in this case CP's privacy with A's desire for closure on a question that has loomed large on his life throughout. He has seen, right from childhood, his mother assert that CP is the father but the authorities, consistently found otherwise. If no positive answer is ever found out to the question, it is quite possible that A would forever be denied the rights he may otherwise be entitled to by virtue of being CP's son.”, the court observed.

Accordingly, the appeal was dismissed, and the Appellant was directed to undergo a DNA test.

Cause Title: C VERSUS A& ANR.

Citation : 2026 LiveLaw (SC) 612

Click here to download judgment

Appearance:

For Petitioner(s) :Mr. Sameer Shrivastava, Adv. Mr. Niteen Kumar Sinha, AOR Mr. Prasanna Mohan, Adv. Mr. Chirag Joshi, Adv. Mr. Prashant Gautam, Adv. Mr. Prajanya Sharma, Adv. Mr. Ram Avtar Sharma, Adv.

For Respondent(s) : Mr. Abhinav Shrivastava, AOR Ms. Unnati Vaibhav, Adv. Ms. Barkha Agrawal, Adv. Ms. Dibya Rai, Adv.