Landmark Judgments

Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik& Anr, AIR 2014 SC 932 (DNA test result prevails over section 112 of IEA/section 116 of BSA)


Nandlal Wasudeo Badwaik Vs. Lata Nandlal Badwaik& Anr, AIR 2014 SC 932 (DNA test result prevails over section 112 of IEA/section 116 of BSA)

The Supreme Court made the following observation: Section 112 of the Indian Evidence Act (Section 116 of The Bharatiya Sakshya Adhiniyam, 2023) was enacted at a time when the modern scientific advancements with deoxyribonucleic acid (DNA) as well as ribonucleic acid (RNA) tests were not even in contemplation of the legislature. The result of a genuine DNA test is said to be scientifically accurate.But even that is not enough to escape from the conclusiveness of section 112 of Evidence Act (Section 116 of The Bharatiya Sakshya Adhiniyam, 2023) e.g. if a husband and wife were living together during the time of conception but the DNA test revealed that the child was not born to the husband, the conclusiveness in law would remain irrebuttable. In our opinion, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by the world community to be correct, the latter must prevail over the former.