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25. Before this court, learned counsels for the parties however completely missed the important discussion on the permissibility and relevance of the DNA profiling by the Supreme Court in Selvi's case (supra).

26. In this context, even though the issue of intimate testing as blood testing for the purposes of DNA profiling was not specifically before the court in Selvi, however observations on the same have been extensively made in paras 220 and 224, which have a material bearing on the question and read as follows:-

"220. In the present case, written submissions made on behalf of the respondents have tried to liken the compulsory administration of the impugned techniques with the DNA profiling technique. In light of this attempted analogy, we must stress that the DNA profiling technique has been expressly included among the various forms of medical examination in the amended explanation to Sections 53, 53A and 54 of the CrPC. It must also be clarified that a `DNA profile' is different from a DNA sample which can be obtained from bodily substances. A DNA profile is a record created on the basis of DNA samples made available to forensic experts. Creating and maintaining DNA profiles of offenders and suspects are useful practices since newly obtained DNA samples can be readily matched with existing profiles that are already in the possession of law-enforcement agencies. The matching of DNA samples is emerging as a vital tool for linking suspects to specific criminal acts.

106. Dr. A.K. Sharma from the Central Forensic Science Laboratory, Directorate of Forensic Science, Ministry of Home Affairs, Government of India, 30 Gora Chand Road, Park Circus Kolkata in an article titled "DNA Profiling, Social, Legal Or Biological Parentage" published in the Indian Journal of Human Genetics (September-December, 2007, Vol.13, Issue 3) has written that the analysis in DNA profiling is based on a comparison of the results of biological evidence with reference samples (blood or oral swab). Dr. Sharma writes that "Indirect references of close blood relatives of the person to be identified are usually desired for establishing identity. A DNA profile for a multiplex of 15 autosomal short tandem repeat (STR) markers is generated and obligatory alleles are compared with that of parents, siblings, or close relatives for kinship analysis. An inconsistency at two or more loci (considering the mutation rate of STRS) generally leads to exclusion in a kinship case. Inclusion at all loci is statistically evaluated by calculating paternity, maternity, or sibship indices. The success of a DNA case not only depends on the authenticity of the reference samples but also on the authenticity of the biological relationship of the donors with the person in question, without which any comparison is futile".

These concerns have been addressed by the court in the judgment dated 23rd December, 2010.

158. The DNA profiling is a modern scientific method which has been accepted in all jursidictions for the purposes of conclusively identifying parents. Given the evidentiary value of a DNA profiling especially in a paternity case, the refusal by the defendant no.1 to give his bodily sample would really have the effect of frustrating the importance of the test.

159. The refusal by defendant no. 1 to comply with the court order has to be tested against the above legal position.