DNA Tests Can’t Be Ordered Without a Direct Link to the Offence: Supreme Court

The Supreme Court ruled that compelling a DNA test without a direct nexus to the alleged offence is unconstitutional and violates the right to privacy under Article 21.

Setting aside a Madras High Court order directing a doctor to undergo DNA profiling in a paternity dispute, the Court reaffirmed that Section 112 of the Indian Evidence Act treats a child born within wedlock as conclusive proof of legitimacy.

The Court clarified that DNA tests cannot be used for “fishing inquiries” and must only be ordered when essential to justice. The Court further held that paternity issues irrelevant to the criminal charge cannot justify biological intrusion.

[R. Rajendran v Kamar Nisha & Ors.]