IMPORTANT POINT
DNA profiling is legally permissible in criminal investigations, and familial relationships do not exempt individuals from this legal requirement.

ORDER :

Crl.M.C.No.8147 of 2023 is at the instance of the accused in Crime No.686 of 2023 of Chalakkudy Police Station, Thrissur, and the prayer herein is to quash seizure of the blood sample of the petitioner forcefully collected for DNA profiling without his consent or permission of the jurisdictional court, vide Annexure-A2 and incorporation of the petitioner as accused in Crime No.686 of 2023 without any materials as against him vide Annexure-A3 report submitted by the SHO, Chalakudi Police Station.

2. Crl.M.C.No.10579 of 2023 is at the instance of the victim represented through defacto complainant in the above crime and the prayer is to quash seizure of the blood sample from the body of the victim for the purpose of DNA profiling by respondents 2 to 4 by coercing the victim and the defacto complainant and without the permission of the jurisdictional court and also to quash the DNA profiling report prepared and served by the 4th respondent to the 2nd respondent and Annexure-A1 FIR and further proceedings thereto.

3. Both these petitions arise out of Crime No.686/2023 of Chalakkudy Police Station, where the prosecution alleges commission of offences punishable under Sections 376 ad 376(3) of the Indian Peal Code as well as Section 6(1) ad 5j(ii) of the Protection of Children from Sexual Offences Act (`POCSO Act' for short), by the accused. The prosecution allegation is that when it was noticed by the hospital authorities at St.James Hospital, Chalakkudy, that a 14 year old female victim was pregnant on scan examination, the same was informed to the mother of the victim/the defacto complainant and in turn informed the Chalakkudy police. Thus crime was registered alleging commission of the above offences by the accused.

4. Both these Crl.M.Cs have been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C’ for short). It is discernible that based on the information received regarding the occurrence though the statement of the minor victim was attempted to be recorded, the same was not materialised, initially due to the mental and physical sufferings she had during the pregnancy. Accordingly, the statement of her mother was recorded and FIR was registered. On investigation it was found that the accused herein subjected the minor victim to sexual intercourse during the period from 01.04.2023 to 26.05.2023 ad she became pregnant thereafter. This is the base on which the prosecution alleges commission of the above offences.

5. While pressing for the relief sought for in Crl.M.C.No.8147/2024, the learned counsel for the accused, would submit that the blood sample of the petitioner was forcefully collected for DNA profiling without his consent or permission of the jurisdictional court. Therefore, the accused prayed for quashment of seizure of his blood sample for DNA profiling and other reliefs.

6. In Crl.M.C.No.10579/2023, the victim in the above crime seeks to quash the seizure of the blood sample from her body for the purpose of DNA profiling on the ground that it was done by coercion on the victim ad without getting permission of the jurisdictional court.

7. The respective counsel argued further that the accused in this crime is none other than the direct brother of the victim and if the DNA profiling result would be found positive the same would be fatal to the interest of the accused as well as the victim. Accordingly they pressed for the respective reliefs sought for.

8. Now the DNA profiling result is made available and the learned Public Prosecutor produced the same in a sealed cover, for the perusal of this Court.

9. Going by the contentions raised by the defacto complainant as well as the victim, the same have no legal footing since collection of blood samples from the accused is legally permissible as part of the investigation under Sections 53 and 54 of the Cr.P.C read with Explanation(a) to Section 53. Sections 51 and 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (`BNSS’ for short) are the para materia provis