DNA Test Report accepted by Supreme Court to determine fatherhood of child

By | October 29, 2015

DNA Test ReportSupreme Court of India

Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik  & Anr

 [Criminal Appeal No.24 of 2014],

6th January, 2014

The Court was confronted with a complex situation in which the DNA test report was in conflict with the presumption of conclusive proof of legitimacy of the child under Section 112 of the Evidence Act. It was held that “when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific  advancement accepted by the world community to be correct, the latter must prevail over the former.” Consequently, it was held that inasmuch as the appellant’s plea that he had no access to his wife when the child was begotten stood proved by the DNA test report, the appellant could not be compelled “to bear the fatherhood of a child, when the scientific reports prove to the contrary.”

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