K.G.BALAKRISHNAN, R.V.RAVEENDRAN, J.M.PANCHAL
Selvi – Appellant
Versus
State of Karnataka – Respondent
Based on the legal judgment provided, the extraction of DNA samples can be conducted, but with specific considerations. The Court clarified that the results of DNA profiling are considered physical evidence, and the collection of such bodily substances does not violate constitutional protections against self-incrimination. The Court emphasized that DNA profiling is different from testimonial acts, as it involves examining physical evidence rather than eliciting personal knowledge or verbal testimony.
Furthermore, the Court noted that the amended provisions of the law explicitly include DNA profiling as a modern and scientific technique permissible during investigations, provided it is conducted in accordance with law. The Court also highlighted that the collection of bodily substances such as blood, semen, and hair samples—used for DNA analysis—is generally acceptable when done under lawful procedures, and does not amount to an infringement of personal liberty or dignity.
Therefore, DNA profiling, as a form of medical examination involving the analysis of bodily substances, is permissible and does not face constitutional hurdles, provided it is conducted lawfully and with respect for procedural safeguards. The Court distinguished this from testimonial responses, which are protected under the right against self-incrimination.
In summary, DNA collection is allowed, but the process must adhere to legal procedures and safeguards to ensure it does not violate constitutional rights.
JUDGMENT
K.G. Balakrishnan, C.J.I. —Leave granted in SLP (Crl.) Nos. 10 of 2006 and 6711 of 2007.
1.The legal questions in this batch of criminal appeals relate to the involuntary administration of certain scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test for the purpose of improving investigation efforts in criminal cases. This issue has received considerable attention since it involves tensions between the desirability of efficient investigation and the preservation of individual liberties. Ordinarily the judicial task is that of evaluating the rival contentions in order to arrive at a sound conclusion. However, the present case is not an ordinary dispute between private parties. It raises pertinent questions about the meaning and scope of fundamental rights which are available to all citizens. Therefore, we must examine the implications of permitting the use of the impugned techniques in a variety of settings.
2. Objections have been raised in respect of instances where individuals who are the accused, suspects or witnesses in an investigation have been subjected to these tests without their consent. Such m
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R. Raj Gopal v. State of Tamil Nadu, (1994) 6 SCC 632
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