Court Emphasizes Need for Specific Relevance and Necessity in Medical Examinations
In a significant ruling, the Telangana High Court set aside a lower court's order permitting a potency test for M. Uday Krishna Reddy, accused of digital penetration/rape, due to a lack of specific reasons connecting the necessity of such a test to the alleged crime. The judgment, delivered by Justice J. Sreenivas Rao, highlighted the importance of relevance, necessity, and proportionality in ordering medical examinations in criminal investigations, especially in cases involving allegations of sexual offences.
The case originated from a complaint by the victim, leading to charges against Reddy under various sections of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2008. The prosecution sought a potency test, arguing it was essential for gathering incriminating evidence. However, the High Court found that the prosecution failed to demonstrate a specific nexus between the potency test and the alleged digital penetration, which does not involve penile penetration.
The court emphasized that medical examinations like potency and DNA tests should not be conducted routinely or mechanically. They must be justified by the facts of the case and comply with legal standards safeguarding individual rights under Article 21 of the Constitution. The ruling aligns with previous judgments that caution against invasive tests without compelling necessity, underscoring the need for a direct and demonstrable connection to the offence under investigation.
This decision reflects the judiciary's careful balancing of investigative needs and individual rights, reiterating that scientific and medical tests should be case-specific and legally justified, and not used as routine investigative measures.
Bottom Line :
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 52 - Potency test of accused cannot be ordered routinely in sexual offence cases - Where allegation against accused was of digital penetration/rape and prosecution failed to assign specific reasons showing relevance, necessity and nexus of potency test with offence under investigation, order permitting medico-legal examination for potency test was liable to be set aside - Mere gravity of allegations is not sufficient - Earlier rejection of similar relief without change in circumstances also relevant.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 52, Bharatiya Nyaya Sanhita, 2023 - Sections 64(1), 63(b)(iii), 109, Information Technology Act, 2008 - Sections 66-E, 67-A
M. Uday Krishna Reddy v. State of Telangana, (Telangana) : Law Finder Doc id # 2984620
