Court Dismisses Revision Petition, Affirms DNA Test as Legal Investigative Tool under Bharatiya Nagarik Suraksha Sanhita, 2023
In a significant ruling, the Telangana High Court has dismissed a criminal revision petition filed by Haseeb Ullah Khan, challenging the cancellation of his bail for non-cooperation with DNA profiling, a crucial investigative procedure in a case involving sexual offences under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered by Justice Smt. K. Sujana, reinforces the legality of DNA testing as an investigative tool under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The petitioner, Haseeb Ullah Khan, was initially granted bail in a case registered at Begum Bazar Police Station, Hyderabad. However, his bail was revoked by the Special Judge for Trial of Cases under POCSO, following his refusal to comply with a notice to undergo DNA testing. The court found this non-compliance to be a significant hindrance to the investigation.
Represented by Advocate Mohd Ashraf Ali, Khan argued that the DNA test violated his fundamental rights under Article 20(3) of the Indian Constitution, which protects against self-incrimination. The defense cited previous Supreme Court judgments, including Selvi v. State of Karnataka, to support their claim.
However, the court, siding with the prosecution led by Additional Public Prosecutor D. Arun Kumar, held that DNA profiling, as mandated under Section 51 of the BNSS, is a legitimate and non-coercive investigative procedure. The court distinguished DNA profiling from other invasive procedures like narco-analysis and polygraph tests, stating that it does not infringe on constitutional rights when conducted legally.
The court also referred to the statutory framework under Section 51 of the BNSS, which allows for DNA profiling in sexual offence cases, emphasizing its necessity and relevance in collecting evidence. The judgment clarified that the reliance on DNA testing is justified, particularly when allegations involve serious offences like those under the POCSO Act.
The petitioner’s reference to the R. Rajendran v. Kumar Nisha case was deemed irrelevant by the court, as the context differed significantly, focusing instead on paternity issues rather than sexual offences. The court concluded that the investigatory necessity and legal backing for DNA profiling in the current case were clear, thus warranting the cancellation of bail due to non-cooperation.
This ruling underscores the judiciary's stance on employing scientific methods in criminal investigations while balancing constitutional safeguards. The court's decision mandates Khan to cooperate with the investigation and submit to DNA testing as required, setting a precedent for similar cases in the future.
Bottom line:-
DNA profiling in cases involving sexual offences under POCSO Act and Bharatiya Nagarik Suraksha Sanhita, 2023 is a recognized investigative tool and does not infringe the fundamental rights of the accused, provided it is conducted as per law.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 51, Protection of Children from Sexual Offences (POCSO) Act Sections 3 and 4, Constitution of India Article 20(3)
Haseeb Ullah Khan v. State of Telangana, (Telangana) : Law Finder Doc id # 2946749
