3 min readNew DelhiJul 19, 2025 05:50 AM IST
First published on: Jul 19, 2025 at 05:50 AM IST
Maintaining that DNA test is “almost compulsory in rape cases”, the Delhi High Court has held that in case the accused “declines or resists” providing a blood sample, the investigating officer “may use reasonable force for the purpose”.”
Justice Neena Bansal Krishna issued the directions on July 17 while deciding a plea filed by a rape survivor who challenged the accused’s refusal to provide his DNA sample to the police.
The accused, booked under sections 354 (criminal assault and outraging modesty of a woman), 506 (criminal intimidation) and 509 (insulting modesty of a woman) of the Indian Penal Code initially, was also later charged with rape. The man has also been accused of attempting to forcibly get the complainant to abort their child.
According to the plea, at the time of the probe and medical examination, he had refused to give his blood sample. The Delhi Police had then moved the magistrate court seeking permission to get his DNA sample to match it with the foetus.
While a magistrate court had allowed the same in June 2022, the order was challenged by the accused before a sessions court. The sessions court had overturned the magistrate’s order in April 2023, denying the prosecution permission to match his DNA with that of the foetus. The complainant had then challenged the sessions court order before the HC.
The accused had contended that the complainant “habitually” levels rape and sexual assault allegations against various persons, with five similar FIRs being lodged earlier.
Justice Krishna said, “In appropriate cases, especially those involving allegations of sexual assault, recourse to DNA testing is not only permissible but imperative.” She further noted that requests for DNA analysis must not be declined, especially when, after 2006, Section 53A (examination of rape accused by medical practitioner) of the CrPC has been introduced, “making it almost compulsory in rape cases”.
“It is not that a DNA test works only in favour of the victim but in many cases, may lead to honourable acquittal of the accused… There can be no better evidence to prove or disprove the commission of the offence,” the court held.
Underlining that, according to Section 53A of the CrPC, when the accused is non-cooperative, reasonable force may be used as is necessary for the purpose, the court upheld the magistrate court’s order, and directed the accused to present himself to provide a blood sample. It also instructed that in case the accused “declines or resists, the Investigating Officer may use reasonable force for the purpose.”
Justice Neena Bansal Krishna issued the directions on July 17 while deciding a plea filed by a rape survivor who challenged the accused’s refusal to provide his DNA sample to the police (Archive) 
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