Shivesh Didwania, B.A. LL.B. (Hons.), Maharashtra National Law University, Mumbai
ABSTRACT
The Indian Evidence Act is an act of 1872, a time in which lawmakers could not have foreseen the advent and importance of scientific evidence such as DNA. There is a constant tussle between this section’s principle of conclusive proof and the increasing importance of scientific evidence such as a DNA report. The issue is important to be addressed because it is argued by many that this presumption of conclusive proof is being given more importance than a fact which is generally considered as truth, i.e., a DNA report. But at the same time comes the differentiation between biological parentage and social parentage. The legal position has not been a very clear one on this issue of law. Hence, the first chapter aims to present the debate regarding the importance of lack of access over a DNA test report. The second chapter aims to analyse the question that whether DNA testing should be given more importance than what it is given currently. The third chapter aims to highlight the positions of law in some foreign jurisdictions which are different from the position taken in our jurisdiction. Lastly, it presents a conclusion.
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