Yes, DNA test reports can be challenged in court. Although DNA testing is considered one of the most reliable forms of scientific evidence, a DNA report is not conclusive or immune from challenge. Any party to a civil or criminal case may dispute the authenticity, legality, accuracy, or reliability of the DNA report, and the court will examine its evidentiary value before relying upon it.
Can a DNA report be challenged in civil and criminal cases?
Yes. A DNA report may be challenged in both civil and criminal proceedings, including:
- Divorce cases.
- Maintenance proceedings.
- Inheritance and succession disputes.
- Partition suits.
- Paternity and maternity disputes.
- Murder cases.
- Sexual offence cases.
- Kidnapping cases.
- Other criminal investigations.
The court will evaluate the challenge on the basis of the evidence and the circumstances of the case.
On what grounds can a DNA report be challenged?
A DNA report may be challenged on several legal and scientific grounds, including:
1. Improper Collection of Samples
The party may contend that:
- The biological sample was not collected according to law.
- The person did not voluntarily consent where consent was legally required.
- The sample was collected without a valid court order or statutory authority.
2. Break in the Chain of Custody
The reliability of DNA evidence depends upon maintaining an unbroken chain of custody.
A report may be challenged if:
- The sample was improperly stored.
- The sample was mixed with another sample.
- The sample was tampered with.
- The identity of the sample cannot be established.
3. Laboratory Errors
The report may be questioned on the ground that:
- The laboratory failed to follow accepted forensic protocols.
- Testing procedures were defective.
- The equipment was improperly calibrated.
- Human error occurred during testing or reporting.
4. Contamination of the Sample
DNA evidence may become unreliable if the biological sample was contaminated before or during laboratory analysis.
Contamination may occur due to:
- Improper handling.
- Poor storage conditions.
- Mixing with another person’s biological material.
5. Authenticity of the Sample
A party may dispute whether the tested sample actually belonged to the concerned individual.
If the identity of the sample itself is doubtful, the evidentiary value of the report may be significantly reduced.
6. Unauthorized or Secret DNA Testing
A DNA report obtained through secretly collected biological samples may be challenged on the ground that:
- The person’s right to privacy was violated.
- The sample was unlawfully obtained.
- Proper legal procedures were not followed.
The court may refuse to rely upon such a report or may assign it limited evidentiary weight.
7. Expert Opinion
DNA reports are generally treated as expert evidence.
A party may challenge:
- The qualifications of the expert.
- The scientific methodology used.
- The conclusions drawn in the report.
- The interpretation of the DNA profile.
The expert may be summoned to explain the report and may be cross examined.
Can the forensic expert be cross examined?
Yes. The party challenging the DNA report may request the court to summon the forensic expert who prepared the report.
During cross examination, questions may be asked regarding:
- Sample collection.
- Laboratory procedures.
- Chain of custody.
- Quality control measures.
- Scientific methodology.
- Probability calculations.
- Interpretation of the DNA results.
Cross examination is an important safeguard to test the reliability of expert evidence.
Can the court order a fresh DNA test?
Yes. If there are genuine doubts regarding the correctness or reliability of the first DNA report, the court may, in appropriate cases, direct:
- Re examination of the preserved samples.
- Fresh DNA testing.
- Testing by another accredited forensic laboratory.
Whether a second DNA test is necessary depends on the facts of each case.
Is a DNA report conclusive proof?
No. Although DNA evidence is highly reliable, it is not automatically conclusive.
Indian courts consider the DNA report together with:
- Oral evidence.
- Documentary evidence.
- Medical evidence.
- Circumstantial evidence.
- Expert testimony.
- Other material available on record.
The court ultimately determines the weight to be given to the DNA report.
Relevant Legal Provisions
The admissibility and appreciation of DNA reports are governed primarily by the Bharatiya Sakshya Adhiniyam, 2023, which recognizes expert opinion as relevant evidence. However, the court is not bound to accept the expert’s opinion blindly and may evaluate its reliability in light of the entire evidence on record.
Important Supreme Court Judgments
The Supreme Court of India has consistently held that DNA evidence is a valuable scientific tool, but it must be carefully scrutinized before being relied upon.
1. Goutam Kundu v. State of West Bengal (1993)
The Supreme Court held that scientific tests such as DNA testing should not be ordered routinely and emphasized that courts must carefully evaluate their necessity and implications.
2. Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women (2010)
The Court observed that DNA evidence should be directed only where it is indispensable for reaching the truth and after balancing the competing rights of the parties.
3. Dipanwita Roy v. Ronobroto Roy (2015)
The Supreme Court recognized DNA profiling as highly reliable scientific evidence but reiterated that courts must exercise judicial discretion before relying upon such evidence.
Conclusion
Yes, DNA test reports can be challenged in court. A party may dispute the legality of sample collection, the chain of custody, laboratory procedures, contamination, expert methodology, or the authenticity of the biological sample. Courts do not treat DNA reports as infallible or conclusive. Instead, they evaluate the report along with all other evidence and may permit cross examination of the forensic expert or even order a fresh DNA test where justified. Although DNA testing is one of the most accurate forms of scientific evidence, its admissibility and evidentiary value ultimately depend upon lawful collection, proper forensic procedures, and judicial scrutiny.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304