June 4, 2013

Can Police take DNA sample of an accused without his permission? Yes. Says a Foreign Court

This is a problem in all countries. There is basic right that no one can be forced to give evidence against himself.


Then can police force accused to give "Voice Samples", "Blood Samples" or "DNA Samples"?

Police has power to take blood samples. There are driving related crimes, drug and liquor related crimes. Blood sample convicts accused.

Regarding Voice Samples, recently Supreme Court has said No. Regarding Narco Tests, Supreme Court has said No. Accused cannot be forced give such sample or test against his will.

Regarding DNA samples, recently a US Supreme Court has held that police can force open mouth of an accused and can take DNA sample with cotton swab.

Let us wait good laws to approach India.

Haresh Raichura
4/6/13 13:37