SC Allows DNA Test Despite Acquittal in Rape Case

Source: Supreme Court

Why in News? 

A Division Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh of the Supreme Court of India, in the case of C v. A & Anr. (2026), held that a prior acquittal in a criminal case under Section 376 of the Indian Penal Code does not preclude a civil court from directing a DNA test to determine biological paternity.  

• The Court affirmed concurrent orders of the trial court and the Chhattisgarh High Court directing the appellant to undergo DNA profiling, holding that scientific determination of parentage is indispensable where no other evidence can conclusively resolve the question.

What was the Background of C v. A & Anr. (2026) Case? 

• The dispute traces its origins to 1999. The first respondent, born in September 1999, claimed to be the biological son of the appellant, alleging that his birth was the result of a relationship between the appellant and his mother. The appellant consistently denied paternity throughout. 
• A criminal case was registered against the appellant under Section 376 IPC on the complaint of the first respondent's mother. The appellant was acquitted in those proceedings. Separate maintenance litigation also concluded without a definitive finding on paternity. 
• After attaining majority, the first respondent instituted a civil suit seeking a declaration of biological parentage and consequently a share in the appellant's property. During the pendency of the suit, the trial court directed a DNA test. The Chhattisgarh High Court affirmed this order, prompting the appellant to approach the Supreme Court.

What were the Court's Observations? 

• On the effect of a prior criminal acquittal: The Court held that an acquittal in a criminal case merely establishes that the prosecution failed to prove the charge beyond reasonable doubt. It does not amount to a conclusive finding that no biological relationship exists between the parties. The standard of proof in criminal proceedings is distinct from the inquiry in a civil paternity dispute, and an acquittal in the former cannot foreclose the latter. 
• On the right of the respondent to know his parentage: The Court recognised that the first respondent had spent his entire life amid conflicting assertions about his parentage. It noted that if the question remained unresolved, he could potentially be denied legal rights — including inheritance — that would lawfully accrue to him if he were found to be the appellant's biological son. 
• On balancing privacy rights: The Court acknowledged the appellant's right to privacy but held that it must be balanced against the first respondent's right to establish his biological identity and the legal entitlements flowing from it. The Court noted that nothing on record indicated that the first respondent's mother had a relationship with any man other than the appellant during the relevant period, making the DNA test necessary to conclusively resolve the dispute. 
• On the necessity of scientific evidence: The Court observed that scientific evidence becomes indispensable in paternity disputes when no other evidence can conclusively determine biological parentage. In such circumstances, directing a DNA test is not a violation of rights but a proportionate measure in the interest of justice.

What is DNA Testing?  

About:   

• DNA (Deoxyribonucleic Acid) testing is a scientific method that analyzes genetic material to determine biological relationships, particularly paternity and maternity.  
• DNA testing involves comparing genetic markers between individuals to establish biological connections with over 99% accuracy in paternity cases.  
• The test can be conducted using various samples including blood, saliva, hair follicles, or cheek swabs.  

Types of DNA Tests:  

• Paternity Testing: Determines biological father of a child.  
• Maternity Testing: Establishes biological mother (rare cases).  
• Kinship Testing: Determines relationships between relatives.  
• Identity Testing: Used in criminal investigations and mass disasters. 

Courts in India have the power to direct DNA tests in civil suits concerning paternity under the general powers of the court to order discovery and production of evidence. The relevant legal framework includes: 

Section 112 of the Indian Evidence Act, 1872 (Section 116 of BSA): 

• Birth during a valid marriage raises a conclusive presumption of legitimacy. 
• This presumption can only be rebutted by proof of non-access between the parties during the period of conception. 
• Courts have held that DNA evidence may be ordered where this presumption is sought to be rebutted or where no marriage subsists and paternity is disputed.

Judicial Position on DNA Testing: