Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
34. Let us now see how the courts have viewed the
advancement in DNA technology. Section 53A of the
Criminal Procedure Code was introduced by Amendment
Act 25 of 2005 with effect from 25.3.2006. Subsection (1)
section 53A, provides that a when a person is arrested on a
charge of committing an offence of rape or an attempt to
commit rape and there are reasonable grounds for believing
that an examination of his person will afford evidence as to
the commission of such offence, it shall be lawful for a
registered medical practitioner to make such an
examination of the arrested person and to use such force
as is reasonably necessary for that purpose. Consent of the
accused thus in giving blood sample, etc. is no longer
necessary. Subsection (2) of section 53A provides that
such medical practitioner conducting the examination shall
without delay, examine such person and prepare a report
of his examination giving various details including the
description of the material taken from the person of the
accused for DNA profiling. This provision came up for
consideration before the Supreme Court in the case of
Krishan Kumar Malik v. State of Haryana, 2011 Cri.L.J.
4274, in which it was observed as under: