Sunday, July 14, 2013

Evidence Act, 1872 - Section 112 - DNA test

Evi­dence Act, 1872 — Sec­tion 112 — DNA test — Evi­dence Act, 1872 — Sec­tion 112 — DNA test — Result of a gen­uine DNA test is sci­en­tif­i­cally accu­rate, but that is not enough to escape con­clu­sive­ness of Sec­tion 112 of Evi­dence Act, e.g., if a hus­band and wife were liv­ing together dur­ing the time of con­cep­tion but the DNA test revealed that the child has not born to the hus­band, the con­clu­sive­ness in law would remain irre­but­table — Law leans in favour of inno­cent child from being bas­tardised if his mother and her spouse were liv­ing together dur­ing the time of con­cep­tion — Degree of proof of non-access for rebut­ting con­clu­sive­ness must be answered in the light of what is meant by ?access? or ?non-access?. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com



Evidence Act, 1872 - Section 112 - DNA test

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