DNA sampling in rape cases: MP showcauses 1,256 police officials

Justice J P Gupta had asked the government for details of rape cases and whether DNA tests had been done as mandated by the high court.

While adjourning the matter to November 18, the judge said that depending on the punishment the court will decide whether it is sufficient or appropriate or further action is required to ensure compliance of the order making DNA sampling compulsory.

The judge had on April 2 called for a report from the DGP along with an affidavit with regard to cases filed under Section 376 of IPC after June 30, 2018, when the guidelines mandating DNA sampling had been issued. The judge had asked the names of investigating officers and supervising officers authorised to file chargesheets in those cases.
Justice Gupta’s order came in a 2016 rape case in which a man sentenced to life imprisonment had argued that he was convicted even though DNA sampling had not been done. While suspending his sentence and releasing him on bail, the bench had asked for details of rape cases after the guidelines had been issued.

On July 18, 2019, the government submitted a report giving details of rape cases registered between July 2018 and March 2019. Out of 4,359 registered in those nine months, DNA sampling had not been done in 731 cases.