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DNA Test in Rape Cases - Provisions Under the Code of Criminal Procedure, 1973

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Abstract: We are in 21st century and have developed many scientific tests which have great evidentiary value. One of it is DNA test. By conducting DNA test of victim and accused, especially in rape cases, we can arrive at great piece of evidence. Such evidences are important to decide the case and many times it is important in proving guilt of accused. And for this, there are many provisions given in Code of Criminal Procedure, 1973 viz. Sections 53, 53 A, 54, 293 and 311. It is important for society to have knowledge of those provisions and procedures. According to sec. 53,53 A, competent authority on request of police can conduct DNA test of a person. According to sec. 54, Arrested person can demand such test. Sec.293 explains about competent authorities for such tests and who can depose regarding those tests while sec. 311 has given the provision that material evidence can be prayed at any stage of the trial i.e. during any stage, DNA test can be prayed by any party. These provisions are to be analyzed and executed for sake of justice. And this article aims to convey the knowledge, importance, evidentiary value and need of conducting DNA test in light of provisions of Criminal Procedure Code. And though there are provisions, what else we need.

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