AI Overview...
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DNA Report in Indian Penal Code Cases - DNA evidence is frequently used to establish guilt or innocence in cases under Sections 376 (rape), 366 (kidnapping), 324 (causing hurt), and other relevant sections. Courts rely on DNA profiles to corroborate prosecutorial evidence, match samples from accused and victims, and verify age or consent. For example, in cases involving rape under Section 376, DNA testing has been pivotal in confirming or excluding the involvement of the accused (02700047521, 00400067250, 02300070766, 01500024842, 02700033133). Santosh Markam VS State of Madhya Pradesh - Madhya Pradesh, Farukh Abdul Raheman Shaikh VS State of Maharashtra - Bombay, Parveen Alias Dilla VS State Of Haryana - Punjab and Haryana, Krishna Pillai @ Krishnan Nair VS State of Kerala - Kerala, Raja Burman @ Rahu VS State of Madhya Pradesh - Madhya Pradesh
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Admissibility and Use of DNA Evidence - Courts have upheld the admissibility of DNA reports as scientific evidence, emphasizing their importance in criminal trials. DNA profiling has been used to support medical and circumstantial evidence, especially in sexual assault cases, and courts have directed police to conduct DNA tests to strengthen investigations (02500061557, 02300070766, 02500109238). Nonetheless, courts also consider the limitations and ensure DNA evidence is corroborated with other evidence before conviction. ANAND PASI VS STATE OF U. P. - Allahabad, Parveen Alias Dilla VS State Of Haryana - Punjab and Haryana, Gulafsa Begum VS State of U. P. - Allahabad
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DNA Testing in Rape Cases - The Indian judiciary advocates for the use of DNA testing as a crucial investigative tool in rape cases under Section 376 of the IPC. Courts have directed police to conduct DNA profiling on both the victim and accused to confirm or exclude allegations, highlighting its role in ensuring fair trials (02700033133). However, courts also recognize that medical evidence, including DNA, is not always conclusive and must be considered alongside other evidence, such as age proof and circumstantial factors (02500109238). Raja Burman @ Rahu VS State of Madhya Pradesh - Madhya Pradesh, Gulafsa Begum VS State of U. P. - Allahabad
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Legal Framework and Procedural Aspects - The Criminal Procedure Code (Cr.P.C.) provisions, such as Sections 53-A and 313, facilitate the collection and presentation of DNA evidence during trials. Courts have also discussed procedural admissibility, emphasizing that DNA reports should be accepted as expert evidence, but also noting jurisdictional limits in some instances (02500061557). The courts have repeatedly underscored that DNA evidence should be used to supplement, not solely determine, criminal verdicts. ANAND PASI VS STATE OF U. P. - Allahabad
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Limitations and Judicial Perspective - While DNA evidence is a powerful tool, courts have acknowledged its limitations, such as potential doubts raised by conflicting reports or improper collection procedures. The judiciary stresses that DNA evidence must be corroborated with other evidence, like medical reports and witness testimony, to ensure justice (00100061856, 02300071362). Medical evidence, including DNA, is not always definitive, and courts remain cautious in relying solely on it for conviction. Kamlesh @ Ghanti VS State of M. P. - Supreme Court, Nishan Singh alias Gurjant Singh VS State of Haryana - Punjab and Haryana
Analysis and Conclusion
DNA evidence plays a crucial role in the Indian legal system, especially in sexual assault and kidnapping cases under the IPC. Courts have recognized its scientific reliability and incorporated it into investigations and trials, provided procedural safeguards are followed. However, judicial prudence demands that DNA reports be corroborated with other evidence to uphold fair conviction standards. The legal framework supports its admissibility, yet highlights the importance of comprehensive evaluation to prevent miscarriages of justice.
References: - Santosh Markam VS State of Madhya Pradesh - Madhya Pradesh - Farukh Abdul Raheman Shaikh VS State of Maharashtra - Bombay - Parveen Alias Dilla VS State Of Haryana - Punjab and Haryana - ANAND PASI VS STATE OF U. P. - Allahabad - Krishna Pillai @ Krishnan Nair VS State of Kerala - Kerala - Raja Burman @ Rahu VS State of Madhya Pradesh - Madhya Pradesh - Kamlesh @ Ghanti VS State of M. P. - Supreme Court - Nishan Singh alias Gurjant Singh VS State of Haryana - Punjab and Haryana - Gulafsa Begum VS State of U. P. - Allahabad
Search Results for "Indian Penal Code Dna"
2022 0 Supreme(MP) 1294 • India - Madhya Pradesh
SUJOY PAUL, PRAKASH CHANDRA GUPTA
DNA Report - Criminal Law - Indian Penal Code, Section 376(AB), Section 366, Section 324 - The court relied on the DNA report ... 324 of the Indian Penal Code. ... to establish the guilt of the appellant under Sections 376(AB), 366, and 324 of the Indian Penal Code. ... We are bound by the Penal Code and the Criminal Procedure Code, by the very oath of our office.' (Emphasis Supplied) 76. On the same subject in the case of Swamy Shraddananda (2) vs. ... Why, Higher Tr....
2021 0 Supreme(Bom) 1110 • India - Bombay
REVATI MOHITE DERE
The DNA report and Forensic Science Laboratory report further supported the prosecutrix's case, and the fact that the prosecutrix ... Ratio Decidendi: The court considered the evidence of the prosecutrix, medical case papers, doctor's testimony, DNA report ... appellant under Section 376 of the Indian Penal Code. ... Another DNA profile from the mixed DNA profile obtained from Exhibit 1 nail clippings of right hand of appellant matched with control DNA profile obtained from Exhibit 7 ....
2019 0 Supreme(P&H) 1116 • India - Punjab and Haryana
RAJ SHEKHAR ATTRI
(A) Indian Penal Code, 1860, S.376--Rape--DNA test--The opportunity for getting conducted DNA profiling ... (Para 10) (B) Indian Penal Code, 1860, S.376--Rape--DNA test--Under the provisions of Section 53-A Cr.P.C., ... with available DNA profile of the prosecutrix--Criminal Procedure Code, 1973, S.53-A. ... The trial court is directed to get conduct the DNA profile of both the petitioners with the available DNA profile of the prosecutrix. ... The p....
2013 0 Supreme(All) 2194 • India - Allahabad
ANIL KUMAR SHARMA
Criminal Procedure Code, 1973—Sections 293, 294, 313 and 311—(Indian) Penal Code, 1860—Section 302—DNA report—Admissibility of—Session ... P.C. for acceptance of DNA report of Scientific expert—Trial Court exceeded its jurisdiction—However, DNA report in question could ... trial—Trial Court accorded prosecution permission to put DNA report to revisionist in his additional statement under Section 313 ... Anand Pasi and others, under Section 302 IPC P.S. ... in any inquiry, trial or othe....
2012 0 Supreme(Ker) 31 • India - Kerala
R.BASANT, V.CHITAMBARESH
Indian Penal Code, Sections 376 and 302 - DNA profile can be entrusted at any time as on the basis of the DNA samples for corresponding ... The accused was charge sheeted for offence punishable under Sections 366, 376 and 302 of the Indian Penal Code (‘the Code’ for short). The court below convicted the accused under Section 366 of the Code and sentenced him to undergo rigorous imprisonment for six years. ... It must also be clarified that a ‘DNA Profile’ is different....
2016 0 Supreme(MP) 997 • India - Madhya Pradesh
ATUL SREEDHARAN
376 of the Indian Penal Code, providing specific directives for DNA verification in cases of rape and pregnancy. ... Section 376 of the Indian Penal Code to confirm or exclude the involvement of the accused. ... DNA Testing - Rape Cases - The court directed the police to resort to DNA testing as a powerful investigative tool in cases under ... The police is directed that in every case under Section 376 of I.P.C. ... It has been seen that in number of cases relating to rape, the most po....
2016 0 Supreme(SC) 1490 • India - Supreme Court
RANJAN GOGOI, PRAFULLA C.PANT, UDAY UMESH LALIT
of the Indian Penal Code based on the DNA report and circumstantial evidence. ... report, which raised doubt about the DNA profiling in the case. ... Conviction - DNA Report - The court confirmed the conviction of the accused-appellant under section 376A, 302, 201, 363 and 366A ... The accused appellant has been sentenced to death for commission of the offences under Sections 376A & 302 of Indian Penal Code. ... To substantiate the aforesaid contention, Shri Grover has drawn our attention to the report ....
2019 0 Supreme(P&H) 1689 • India - Punjab and Haryana
RAJ SHEKHAR ATTRI
(A) Indian Penal Code, 1860, S.376--Rape--Acquittal--DNA profile matched--Allegedly, accused kidnapped and ... consent--No evidence that appellant was apprised of the fact that prosecutrix was minor at that time--Held; therefore matching of DNA ... (Para 12) (B) Indian Penal Code, 1860, S.376--Rape--Acquittal--Age of prosecutrix--Proof of age was admission ... Yet the appellant has been convicted solely on the basis of medical evidence especially the report of forensic science laboratory with regard to DNA#HL_E....
2024 Supreme(Online)(MP) 20965 • India - High Court of Madhya Pradesh
BAIL - SECTION 439 CRPC - OFFENCES UNDER SECTIONS 365, 376, 376(2)(F), 376(2)(N), 450, 506, 34 OF IPC - APPLICANT IN DETENTION ... the Case: APPLICANT WAS ARRESTED ON 29.12.2023 FOR OFFENCES UNDER SECTIONS 365, 376, 376(2)(F), 376(2)(N), 450, 506, 34 OF IPC ... THE COURT ALSO NOTED THAT THE APPLICANT HAD FILED SEVERAL COMPLAINTS AGAINST THE HUSBAND OF THE PROSECUTRIX AND THAT THE DNA REPORT ... DNA is also negative. Charge sheet has been filed. Therefore, it has been prayed that the applicant may be released on bail. 4....
2021 0 Supreme(All) 1327 • India - Allahabad
Constitution of India,1950 - Article 14-21 - Indian Penal Code,1860 - Sections 376, 375, 504 and 506 - POCSO ... considered on its merits when it is taken up, shall also not be read against revisionist that victim of rape can be compelled to undergo DNA ... Section 375 of the Indian Penal Code defines rape and Section 376 of the Indian Penal Code is the penal provision of rape. In several decisions the Supreme Court held that in a case of rape medical evidence is not always final but medical evidence pl....
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