Judgment C.R. Kumarswamy, J: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 21.5.2010 passed by the III Additional Civil Judge (Jr.Dn.) and JMFC, Shimoga in Crime No.106/2010. 2. Though this matter was listed for admission, with the consent of the learned Counsel for the petitioner as well as the learned Addl. State Public Prosecutor, this matter is heard on merits. 3. The primary facts of the case are as under: 3.1 Vinobanagar Police Station, Shimoga have registered a case in Crime No.106/2010 against the Accused Nos.1 to 3 for the offences punishable under Sections 376, 341, 342 and 506 read with Section 34 of the Indian Penal Code. Accused No.1 is the petitioner in this criminal petition. 3.2 The complainant has lodged a complaint before the Station House Officer, APMC Yard Police Station, Shimoga. The contents of the complaint are as under: 3.3 That complainant was house-wife and is married to Sri Venkatesh Murthy who is a businessman by profession. Her husband was active in community activities. She and her husband belong to Ediga community. Accused No.1 is also from the same community and he is a politician by profession. He is attached to BJP political party and he is also a member of the Karnataka Cabinet and holds the portfolio of Food and Civil Supplies. He is known to her husband for about seven years and has visited their house on more than one occasion. During those visits, he had breakfast, lunch etc., with her and the other members of her family. 3.4 That on 26.11.2009 at about 8.00 p.m. Accused No.1 called her husband on one of his mobile phone bearing No.9449497594 from his mobile phone bearing No.9448496009 and informed him that he would be coming to their house for dinner. Here husband asked her to prepare the dinner for guests who would be coming home. Around 10.08 p.m. Accused No.1 called her husband once again and confirmed that he would be visiting his home in the next 10 minutes. Around 10-15 p.m. Accused No.1 came to their house in a car. Accused No.1 alighted from the car in front of their house and the car left the place. Around 10.08 p.m. Accused No.1 called her husband once again and confirmed that he would be visiting his home in the next 10 minutes. Around 10-15 p.m. Accused No.1 came to their house in a car. Accused No.1 alighted from the car in front of their house and the car left the place. Thereafter the Accused No.1 and her husband had dinner together and were chatting till about 11.30 p.m. At that time, Accused No.1 informed her husband that it was too late for him to return to the Inspection Bungalow where he has kept his belongings and expressed his desire to stay back in their house for the night and that he would walk back to the Inspection Bungalow on the early hours of next day. Her husband as a good host, readily agreed for the same and asked him to stay in the night and prepared the guest room for his stay. Her husband gave a white dhoti to Accused No.1 and took him up to the guest room. Herself and her husband retired to their bedroom and slept. At about 3.30 a.m, Accused No.1 has called her husband with his name from the first floor and her husband went to the first floor to attend on him. Accused No.1 informed her husband that he is suffering from diabetes and hypertension and that he has left behind the tablets in the Inspection Bungalow and requested her husband to go and secure the same. Accused No.1 has even pretended to be very serious and on the verge of collapse. Her husband fearing fro health and safety of Accused No.1, has come down and seeing her asleep has just pulled up their bed room and went out locking the front door to fetch tablets from the Inspection Bungalow. That she was completely unaware of all these developments as she was fast asleep. Accused No.1, after dispatching her husband to secure medicine, quietly sneaked into her bed room and came on to the bed which was covered with the mosquito net. She was sleeping with her bottom covered with a petty-coat. Accused No.1 who climbed on to the bed initiated sex with her. As she was sleepy, she suddenly sensed that the person who is initiating sex is not her husband and immediately tried to withdraw herself from his clutches. She was sleeping with her bottom covered with a petty-coat. Accused No.1 who climbed on to the bed initiated sex with her. As she was sleepy, she suddenly sensed that the person who is initiating sex is not her husband and immediately tried to withdraw herself from his clutches. Accused No.1 then gagged her mouth and strongly over-powered her and committed an act of rape on her. She got a shock and was in complete confusion since she was unaware of her husband having gone out of the house. Accused No.1 after raping her, released her and immediately she started to scream and tried to push Accused No.1 out of the bed. Accused No.1 was still trying to resist the same. She then heard someone walking in from outside. 3.5 Complainant’s husband who had gone to the Inspection Bungalow to fetch medicine, has called out for people in the Inspection Bungalow for about 5 to 6 minutes and having not heard any response from anybody at the Inspection Bungalow, he immediately rushed back to the house being worried about the health of the Accused No.1 thinking that he could shift him to a Nursing Home which is nearby to their house. While driving back, her husband has entertained a doubt as to why Accused No.1 forced him to go and fetch the medicine instead of just calling his staff over the phone and asking them to bring it over. 3.6 That complainant’s husband who walked into the house and who heard the screams of the complainant, rushed to bed room and switched on the light. He too was shocked at the sight of Accused No.1 on her bed. She immediately informed her husband of the obnoxious acts committed by the Accused No.1. Her husband became furious and got gravely provoked and started beating up Accused No.1. She could not control her anger and asked her husband to beat up and finish him off. Accused No.1 then pleaded for his forgiveness and her husband who was in mixed state of shock and confusion, questioned Accused No.1 as to why he ruined their family. Her husband once again got enraged and beat Accused No.1 and she too joined her husband and they together thrashed him. Accused No.1 then pretended that he was seriously injured and fell down to the ground and put up an act of being unconscious. Her husband once again got enraged and beat Accused No.1 and she too joined her husband and they together thrashed him. Accused No.1 then pretended that he was seriously injured and fell down to the ground and put up an act of being unconscious. She and her husband got scared. Then her husband himself brought and poured water into the mouth of the Accused No.1. Then Accused No.1 slowly stood up and made a phone call. Within 10 minutes, a car came and Accused No.1 rushed out of the house and got into the car and went away. 3.7 Complainant was feeling completely disgusted and depressed. She was in a state of shock. Her husband tried his best to console her. But he too was very much disturbed and sad. They were completely disturbed and confused as to what to do next. They were very much worried for their honour and future of their children. to do next. They were very much worried for their honour and future of their children. 3.8 That on 17.2.2000 in the morning Accused No.2 – Girish, Accused No.3 – Basavaraj and others forcibly took the husband of the complainant to Room No.252 at Legislature’s Home and he was wrongfully confined and he was threatened. 4. After the crime was registered, the concerned Police have investigated the crime and during the course of investigation certain articles were seized under the seizure panchanama dated 4.5.2010 between 4 p.m. and 9 p.m. During the course of seizure panchanama one petticoat, one white cotton dhoti, one flighty, one white striped bed sheet were seized. They were subjected to property form. 5. The Deputy Superintendent of Police, Cyber Crime Police Station, C.O.D, Bangalore have given a requisition before the learned JMFC, Shimoga. 6. The contents of the requisition are as under: That on 4.5.2010 petticoat, lungi, nighty and bed sheet were seized. On 6.5.2010 complainant was subjected to medical examination and vaginal swab, vaginal smear, urethral swab and tuft of public hair were collected and they were sent for chemical examination. During the course of investigation on 5.5.2010 complainant’s husband produced mobile phone and the same was seized under the panchanama. When the complainant was in their house the conversation of the Accused No.1, complainant and Venkateshmurthy was recorded in the mobile phone. A video has also been recorded. During the course of investigation on 5.5.2010 complainant’s husband produced mobile phone and the same was seized under the panchanama. When the complainant was in their house the conversation of the Accused No.1, complainant and Venkateshmurthy was recorded in the mobile phone. A video has also been recorded. The mobile phone and the Compact Disc (CD) were sent for expert examination. That on 9.5.2010 Accused No.1 was arrested and he has declined to give blood samples and also pubic hair. This is a case of rape and the investigating agency has to ascertain as to whether the seized articles were having connection with the Accused No.1 or not and therefore they want to draw blood sample from Accused No.1 and conduct DNA test. Apart from it, video has been recorded and they want to identify the voice of the Accused No.1. Therefore the investigating agency wants samples of blood and pubic hair, samples of voice recording and video recording and also photographs of the Accused No.1. Accused No.1 was not co-operating with the investigating agency. Therefore the investigating agency is unable to do the proper investigation and collect the materials mentioned above. Therefore the investigating agency has filed this requisition before the learned JMFC. 7. The accused has filed objections to this requisition before the Trial Court and the contents of the requisition reads as under: 7.1 That the application/requisition submitted by the complainant Police asking for blood and public hair sample etc., is not maintainable. The application lacks bona fides and there is no justification in asking for samples without first making out a strong case against the Accused No.1. The complainant Police just on the basis of some inference, seeking blood and public hair sample of the Accused No.1 is not only untenable but also unjustifiable too. The alleged fact that the Police have found some stains on the clothes and that the Investigating Officer wants to find out that by whom such stains were caused cannot be the ground for the complainant to seek samples of blood and hair. It is unfair on the part of the complainant to collect the blood samples and hairs of the Accused No.1 to arrive at a conclusion that to whom already collected hairs belong to and by whom the stains were caused by. It is unfair on the part of the complainant to collect the blood samples and hairs of the Accused No.1 to arrive at a conclusion that to whom already collected hairs belong to and by whom the stains were caused by. Such a roving enquiry without there being a strong case against the accused is unnecessary apart from it being illegal. Seeking such samples is nothing but an intrusion in to the privacy of the Accused No. 1 and violation of the right to personal liberty guaranteed under Article 21 of the Constitution of India. The request of the complainant seeking samples of blood, hair etc., is opposed to the legal precedent. At present, the investigation is pointing out that the story so built up by the alleged victim and her husband is a total falsehood. From the complaint averments also it could be seen that no ingredients are there which are sufficient to fix the first accused for an offence punishable under Section 376 of Indian Penal Code. It is not logically and legally correct in asking the Accused No. 1 to furnish the blood, hair samples etc., to trace out as to who might have caused such alleged stains on the dhoti etc. It is nothing but asking the accused to furnish self incriminating evidence which is impermissible in law. It is not even revealed by the experts that whether the forensic examination could be conducted and the result be obtained or not from the samples that are said to have been collected by the Police. In the absence of such reports, it is totally not fair on the complainant to collect the samples at this point of time. This is also so because the complaint is filed after the lapse of 131 days from the date of the alleged incident and therefore it is not possible to say that the forensic examination would reveal any positive result in favour of the complainant. In the absence of medial examination of the victim immediately after the alleged incident, question of asking the accused to furnish samples does not arise at all. 7.2 It is totally premature stage to ask for the samples of the blood, public hair etc., and until the trial of the case is over and unless the cogent material evidence is tendered by the complainant before the Court, the samples cannot be ordered to be given. 7.2 It is totally premature stage to ask for the samples of the blood, public hair etc., and until the trial of the case is over and unless the cogent material evidence is tendered by the complainant before the Court, the samples cannot be ordered to be given. As this is politically motivated case and as every inch of the case is fabricated and tailored by the persons who are inimical to the accused, there are every chances of misusing the samples for the purpose of implicating the accused to the alleged crime. That the prosecution has to first establish that some stains are there on the collected dhotis etc. and secondly that the alleged stains on the clothes etc., are the blood/semen and thirdly that they are of the human being. Without first obtaining the forensic report about the alleged stains etc., it is impermissible to ask for the samples. In that event, the samples now given can be mis-utilised by putting the samples on the collected dhotis/clothes and it cannot be overruled. In that event, it would take away the defence of the accused. 8. The sum and substance of the findings of the Court below are as under: 8.1 The Investigating Officer has collected material evidence during investigation. In view of recovery of C.D. containing the voice of Accused No. 1 and video clippings of Accused No. 1, it is very necessary to know as to whether they are belonging to the Accused No. 1 or not. 8.2 The Trial Court has observed that admittedly the offence alleged against the accused is rape. The offence is one among the heinous offences as it is the offence against womenfolk. Section-53A of the Code of Criminal Procedure casts a duty upon a registered Medical Practitioner employed in hospital run by the Government to examine a person arrested on the charge of committing rape, where there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence. But in the instant case, the material available on record clearly discloses that the Accused No. 1 has not consented for taking his blood samples during his examination by a Medical Practitioner. But in the instant case, the material available on record clearly discloses that the Accused No. 1 has not consented for taking his blood samples during his examination by a Medical Practitioner. It is the contention of the learned Counsel for the Accused No. 1 in the Court below that the accused has intentionally refused to give consent for taking samples of his blood, as the accused No. 1 was and is under the apprehension that once he allows to take his blood samples, there is every possibility of he being falsely implicated in this case. Merely under the guise of apprehension, the accused cannot escape from subjecting himself to medical examination when the facts and circumstances of the case requires to subject himself for medical examination. 8.3 The Trail Court has further observed that in the case on hand the Investigating Officer has collected several important materials during investigation. The materials made available on record also indicates that the Investigating Officer has found some stains on the clothes worn by the accused and also the victim at the time of alleged incident. The evidence collected during investigation has to be examined and compared by the Investigating Officer with that of the samples of Accused No. 1. Otherwise the materials collected during investigation would be of no use and the efforts made so far by the investigating agency would turn to be a futile attempt. The object of the Court always is to find out the truth. 8.4 The Trial Court has further observed that in the instant case, the strong allegation of the victim is that the accused has committed a rape on her. Question of paternity test is not involved in this case. Therefore, question of applying presumption under Section 112 of the Evidence Act does not arise. The entire burden of collecting the materials in connection with the alleged crime of accused is upon the investigating agency. The blood samples and other samples of the accused are required for the investigating agency to know as to whether the materials collected during investigation are related to the accused or not. It is between the Investigating Officer and the registered Medical Practitioner working in the unit to decide whether such examination is essential to collect evidence in respect of the offence of rape. It is between the Investigating Officer and the registered Medical Practitioner working in the unit to decide whether such examination is essential to collect evidence in respect of the offence of rape. But in the instant case, since the accused has refused to give consent for taking his blood samples etc., the Trial Court formed an opinion that the facts circumstances of the case warranted the Investigating Officer to move the application before the Court. Under these circumstances, it cannot be said that the accused no. 1 is being compelled for giving his blood samples and hence it is violative of Article 20 (3) of the Constitution of India. The Trial Court has also held that it is very appropriate and deserving case to give such a direction to the Accused No. 1. The decisions cited by the learned Counsel for the Accused No. 1 are entirely different with that of the facts and circumstances of this case. 8.5 The Trial Court has also relied on the decision of this Court in the case of H.M. Prakash @ Dali Vs. The State of Karnataka, reported in ILR 2004 Kar 2637 wherein this Court has clearly held that Criminal Court can make a direction for a blood test of the accused under Section 53 of Code of Criminal Procedure depending on the facts and circumstances of the case to find out the guilt or innocence of the accused and the said direction is not violative of fundamental right guaranteed under the Constitution. The Trial Court has further observed that the investigation of this case is still under process, the Investigating Officer has collected some materials touching to the material aspects involved in the case. Having regard to the facts and circumstances of this case and keeping in view the concepts of fair trial and investigation of this case, the Trial Court felt that it is just and necessary for the Court to make an order directing the accused to subject himself to the examination as sought for by the Investigating officer. Such scientific tests are just and necessary for proving the guilt as well as innocence of the accused. Mere apprehension on the basis of surmises in the mind of the accused does not find a place in the criminal justice system. Such scientific tests are just and necessary for proving the guilt as well as innocence of the accused. Mere apprehension on the basis of surmises in the mind of the accused does not find a place in the criminal justice system. 8.6 Therefore the Trial Court allowed the application filed by the Investigating officer and permitted the Investigating Officer to take the blood samples of the Accused No.1 for DNA test. The Investigating officer was also permitted to take samples of public hairs, to record voice samples through All India Radio, samples of Video recording and photographs of the Accused No.1. 9. Feeling aggrieved by the findings recorded by the Court below, the Accused No.1 has preferred this petition. 10. I have heard the learned Senior Counsel for the petitioner Sri Ravi B. Naik as well as Sri P.M. Nawaz, the learned Additional State Public Prosecutor for the respondent State. Learned Additional State Public Prosecutor has also produced the case diary and I have perused the same. 11. Learned Counsel for the petitioner invited the attention of this Court to Section-53 of the Code of Criminal Procedure. He has also invited the attention of this Court to Section-3 of the Identification of Prisoners Act, 1920. Learned Counsel for the petitioner relies on Article-20(3) of the Constitution of India and submits that the Accused No.1 cannot be compelled to give the blood sample. He also relies on the Supreme Court rulings in support of his contentions and submits that the accused cannot be compelled to give the blood sample and consent of the accused is necessary. Learned Counsel for the petitioner also relies on Fourth Edition of Medico-legal Manual written by Dr. K.S. Narayan Reddy, Professor of Forensic Medicine, M.R. Medical College, Gulbarga. The attention of this Court was invited to page-91 of the above Medico-legal manual wherein while dealing with examination of the accused, it is observed that the consent of the accused should be taken and it should be explained to him that the result of the examination may go against him. 12. Learned Additional State Public Prosecutor for the respondent State has invited the attention of this Court to Order-1430 of the Police Manual (1965) wherein it is stated that during the investigation of offence of rape, blood sample of the accused can be taken. 12. Learned Additional State Public Prosecutor for the respondent State has invited the attention of this Court to Order-1430 of the Police Manual (1965) wherein it is stated that during the investigation of offence of rape, blood sample of the accused can be taken. He further submits that they want the sample of the blood for grouping the same, to compare or to tally with the stains found on the seized articles of the person of the victim. 13. The points that arise for my consideration in these proceedings are: (i) Whether the consent of the petitioner-Accused No.1 is required to draw blood sample from him and for subjecting the same to DNA test? (ii) Whether the consent of the petitioner – Accused No.1 is necessary for taking samples of his public hairs and also for obtaining his voice samples and photographs? (iii) Whether the order passed by the Trial Court is sustainable in law or not? 14. My answers to the above points are as under for the following reasons. 15. The three ingredients that must co-exist before the protection of Article-20(3) can be claimed are as under: (i) It is a right available to a person ‘accused of an offence’. (ii) It is a protection against ‘compulsion’ ‘to be a witness’ (iii) It is a protection against such ‘compulsion’ resulting in his giving evidence ‘against himself’. 16. In the case of Pakhar Singh Vs. The State reported in AIR 1958 Punjab 294, the Punjab & Haryana High Court has held as under: 21. The constitutional immunity is not violated by compelling a witness to stand up and show his face for the purpose of identification. He can be ordered to disclose a tell-tale scar, for purpose of his identification. Similarly, the finger prints, foot prints, palm prints, photographs of the accused, for purposes of comparison with those found at the scene of the crime, do not lose their probative character, whether they have been obtained involuntarily or voluntarily. In principle, resort to compulsion requiring the accused to exhibit his body for purposes of establishing identity is not objectionable, because by doing so he is not being forced to give false testimony. In fact he does not testify at all and the physical facts which are noticed speck for themselves. In principle, resort to compulsion requiring the accused to exhibit his body for purposes of establishing identity is not objectionable, because by doing so he is not being forced to give false testimony. In fact he does not testify at all and the physical facts which are noticed speck for themselves. Neither fear nor hope, neither coercion nor cajoling can make any difference to the finger prints or other physical peculiarities. 27. In Novak Vs. District of Columbia, 49 Atlantic Reporter (2d) 88 (P), the defendant was prosecuted for driving an automobile under the influence of intoxicating liquor. It was held that his constitutional right was not infringed by offering in evidence the record of analysis of specimen of urine taken from him immediately after his arrest. In similar circumstances, taking of blood specimen from a driver of an automobile for finding alcoholic contents was not considered violative of constitutional rights not to be compelled to give testimony against himself, vide People Vs. Tucker, 198 Pacific Reporter (2d) 940 (946-947) (Q); and State Vs. Cram, 164 Am LR 952 (R). 30. In India, Section-5 of the Identification of Prisoners Act 33 of 1920, provides- “If a Magistrate is satisfied that, for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1898, it is expedient to direct any person to allow his measurements or photograph to be taken he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in the order and shall allow his measurements or photograph to be taken, as the case may be, by a police officer: Provided that no order shall be made directing any person to be photographed except by a Magistrate of the first class: Provided, further, that no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceedings.” 31. Under Section 6 of this Act, it is permissible to use all means necessary to secure the taking of measurements or photograph in case of resistance or refusal. Such resistance or refusal to allow the taking of measurements or photograph is also an offence under S.186 of the Indian Penal Code. 32. Under Section 6 of this Act, it is permissible to use all means necessary to secure the taking of measurements or photograph in case of resistance or refusal. Such resistance or refusal to allow the taking of measurements or photograph is also an offence under S.186 of the Indian Penal Code. 32. Medical examination without consent for ascertaining insanity, existence of contagious disease for purposes of segregation of the person, or disease in general, the making of a blood test to ascertain paternity or blood test or urine analysis for ascertaining alcoholic content, or finding of scar or other physical peculiarity for purposes of identity, or other scientific aids requiring co-operation of the accused for ascertaining his guilt or innocence, shall have to be placed under constitutional ban, which could never have been the intention of the framers of the Constitution. 17. In the case of H.M. Prakash @ Dali Vs. The State of Karnataka reported in ILR 2004 Kar 2637, this Court has held as under: (B) CONSTITUTION OF INDIA-ARTICLE 21 – Order directing the accused to subject himself for blood test is, whether violative of the fundamental right guaranteed under – HELD – There is nothing brutal or offensive or shocking in taking the blood sample under the protective eye of law – The constitutional mandate does not say that no person shall be deprived of his right or personal liberty under any circumstances. On the contrary, if such deprivation of right or personal liberty is in accordance with the procedure established by law, the same does not violate Article 21 of the Constitution of India. (C) CONSTITUTION OF INDIA – ARTICLE 23 – VIOLATION OF – Whether an order directing taking of blood sample from the accused for DNA analysis in violation of Article 20(3) of the Constitution of India – HELD – Mere examination of a person and taking of blood sample in itself is not an incriminating circumstance and therefore, it cannot be said that by mere taking of blood sample of an accused, he is compelled to be a witness against himself and such an order will not offend against Article 20(3) of the Constitution. 18. In the case of Subbayya Gounder Vs. 18. In the case of Subbayya Gounder Vs. Bhoopala reported in AIR 1959 Madras 396, the Hon’ble Madras High Court has observed that compulsory taking of urine and blood samples from an accused is not hit by Article 20(3) as it is not testimonial compulsion. 19. In Digest (Cases and Materials) on Evidence Act, 1872 (First Edition – 1993) by Arshad Subzwari at page-68 it is stated as under: “Denial of tape-recorded voice:- One who denies the tape-recorded voice and recorded by Court to submit his tape-recorded voice for identification but refused to do so, adverse inference could be taken against him (1970 Mad.L.W Crl.271)” 20. Section 53(1) of the Code of Criminal Procedure reads as under: 53.(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of police officer not below the rank of subinspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. 21. Section 53-A of the Code of Criminal Procedure reads as under: 53-A. (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a Sub-Inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. 2. 2. The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely: (i) the name and address of the accused and of the person by whom he was brought; (ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from the person of the accused for DNA profiling; and (v) other material particulars is reasonable detail. (vi) The report shall state precisely the reasons for each conclusion arrived at. (vii) The exact time of commencement and completion of the examination shall also be noted in the report. (viii) The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in Section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section. 22. Section 53-A is new, added by the Code of Criminal Procedure (Amendment Act), 2005 (25 of 2005). It provides for detailed medical examination of a person accused of an offence of rape or an attempt to commit rape by the registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner. 23. In Criminal Code Practice by Arulselvam, Malathi Publications, Chennai (revised edition, January-2010) at page-145 it is observed as under: DNA Testing and Human Rights implications in Civil and Criminal Investigations 23.1 The major scientific development in the area of DNA testing technology and its facts revelation has solved many and its facts revelation has solved many intricating crime related mysteries specially in the areas of rape, mass killing either because of natural or human agencies and in solving civil disputes specially related with the paternity of a child and in finding the identity of an individual. It has also been used in solving the cases of exchange of babies in hospital wards and also in protection of farmers rights and bio-diversity. It has also been used in solving the cases of exchange of babies in hospital wards and also in protection of farmers rights and bio-diversity. 23.2 DNA (Dexyribo Nucleic Acid) is an organic substance i.e., the chemical basic of life, which is found in every cell found in the human body except red blood cells, which lose it with their maturity. This organic substance combining with proteins forms the chromosomes, a thread like structure, responsible for carrying the genetic character from one person to its offsprings DNA is a double helical spiral structure. In a DNA molecule four nitrogen bases are present which are Adenine (A) Thymine (T), Cystocine (C) and Guanine (G), which are grouped together as A=T and C=G, and are joined together by a bond called hydrogen bond. The arrangement of these bases on the helical structure is in a sequence, and the variation in these sequences is different from another species, which helps the scientists to read these sequences and identify the gene and the person. DNA testing represents an extraordinary enhancement in solving many complicated crime related mysteries with greater accuracies. This test can help to determine whether a particular patch of blood, hair, and semen wrapped cloths found from the scene of occurrence of crime or from the body of the criminal or victim belongs to the accused person or victim or not. Besides, the above samples it can also be detected from the saliva, body fluids, bones, urine, body organs and even from charred damaged mutilated remain of a body. 23.3 The greatest common use of DNA testing is to establish the parentage of a child and to solve other related problems like inheritance, maintenance and overall the basic human rights of the child. Besides parentage testing application. DNA testing is also of immense help in identifying a rapist with greater accuracy and conformity. 24. 23.3 The greatest common use of DNA testing is to establish the parentage of a child and to solve other related problems like inheritance, maintenance and overall the basic human rights of the child. Besides parentage testing application. DNA testing is also of immense help in identifying a rapist with greater accuracy and conformity. 24. Order-1429 of the Karnataka Police Manual (Volume II) relates to points to be noted while investigating a case of rape which are as under: (1) In the case of the victim: (a) age, and whether the victim reported the matter immediately to her relations or neighbours; (b) the character of the woman; (c) whether she is healthy and physically strong and if so, whether one person could have committed rape on her; (d) the place where the offence was committed and whether her cries could reach some one in the vicinity; (e) tearing of clothes; (f) whether she was dragged, if so, by whom; (g) injuries to the body and their nature and position; (h) presence of marks on external clothing when the offence is alleged to have been committed outside a house; (i) presence of semen or bloodstains on her person or on the clothes; (j) injuries to private parts and presence of blood; (k) in the case of young and unmarried girls, presence of or rupture of hymen; if the latter whether it was recent, and signs of recent defloration; (l) infection of venereal disease the accused may be suffering from; (m) the condition of public hair, whether mixed with semen or blood; and (n) the presence of hair similar to that of the accused in or near the vagina or other parts of the body or on the clothes. (2) Some times the blood of the offender will have been deposited in the nail beds of the raped girl. It may, therefore, be necessary to examine the nails of the victim and if, in any event, blood is deposited there, it may be necessary to request the doctor to clip the finger-nails, preserving the blood stains for purposes of comparison with the blood of the accused. It may, therefore, be necessary to examine the nails of the victim and if, in any event, blood is deposited there, it may be necessary to request the doctor to clip the finger-nails, preserving the blood stains for purposes of comparison with the blood of the accused. (3) In the case of accused: (a) age, physical development and capacity; (b) injuries to his person, face, neck, and particularly in the neighbourhood of genitals; (c) tearing of clothes; (d) presence of blood or semen stains on his person or clothes or public hair; (e) injuries to the male organ, (f) presence of venereal disease detected in the examination of the woman; (g) presence of hair similar to that of the woman ravished; (h) cresentic nail marks on the accused either on the face or on other parts. 25. Order-1430 of the Karnataka Police Manual (Volume II) reads as under: 1430. The determination of blood groups may prove to be of invaluable help in the detection of rape cases. 26. I have carefully perused the following decisions relied upon by the learned Counsel for the petitioners. 1. In the case of Gurmeet Kaur Vs. Lakhwinder Singh and Another in Crl.Misc.No.210 MA of 2009 disposed of on 3.8.2009, Punjab & Haryana High Court has observed as under; Gurmeet Kaur was a married woman who already had a child. If she had been raped, she should have got herself medically examined for the injuries which were crucial to determine whether she has been subjected to sexual assault. Indeed Gurmeet Kaur’s case was that she had suffered these injuries. Medical examination would also have helped the Medical Officer to take vaginal swabs for DNA test which would have helped to determine and establish the identity of the rapist(s). In the absence of such definite corroborative evidence, it would have been difficult to convict the respondents. This ruling will not come to the aid of the petitioner since the question whether the consent is required for drawing the blood sample of the accused has not been discussed in the above decision. 2. In the case of Amrit Singh Vs. State of Punjab reported in (2006) 12 SCC 79 , the Hon’ble Supreme Court has held as under: 19. Mr. 2. In the case of Amrit Singh Vs. State of Punjab reported in (2006) 12 SCC 79 , the Hon’ble Supreme Court has held as under: 19. Mr. Aggarwal has also drawn our attention to a suggestion made to PW2 that four young boys aged about 10 years were seen in the cotton filed from outside areas. If an outsider had committed the crime, she would have definitely cried out but the appellant, a neighbour and known to her was a person of trust. She was seen to be holding the appellant’s finger. It is clear that she was allured by the appellant to accompany him to his own filed which was near his house. We, however, do not agree with the contention of the leaned Counsel for the State that in this case, the provisions of the Identification of prisoners Act will have any application. The provisions of the said Act may not be ultra vires the constitution but it cannot be said to be applicable in a case of this nature. It cannot be said to be an area which is contemplated under the Act. The appellant had a right to give or not to give sample of his hair. He could not have been made a witness against himself against his will. 3. In the case of Sabur Hossain Biwas Vs State of West Bengal and Others reported in 2008 Cri.L.J.1183, the Calcutta High Court has observed as under: Even it is assumed for the sake of argument that the DNA test becomes favourable to the petitioner that would not amount to absolving him of the charge under Section 376 of the IPC because the Trial Court will have to consider the charge on the basis of the evidence of the prosecutrix and of other witnesses, if any and if the evidence of the prosecutrix and/or of any other witnesses supporting in the prosecutrix are found by the Trial Court sufficient to indicate that offence under Section 376 of the IPC has been committed by the petitioner then the result of the DNA test by itself would be of no avail. Contra, if the oral evidence of the witnesses including that of prosecutrix are found to be not sufficient to hold the petitioner guilty of the charge of rape, then the result of the DNA test even if it would go to establish the paternity will equally be of no avail. Therefore it is not a deserving case where DNA test should be held. 4. In the case of Goutam Kundu Vs. State of West Bengal reported in (1993)3 SCC 418 , the Hon’ble Supreme Court has held as under: Legitimacy of child born during marriage - Presumption regarding – Blood grouping test to determine parentage if ordinarily permissible to rebut. Court will, also consider the effect of ordering the blood test on the status of the child and the character of the mother – no one can be compelled to give sample of blood for analysis – on facts held, prayer for blood test made by appellant-husband to avoid payment of maintenance under Section 125 Code of Criminal Procedure not allowed. 27. In the present case, the accused is involved in the offence of Section-376 of Indian Penal Code and we are not examining the parentage. Further in the case of Sharda Vs. Dharmapal reported in 2003 AIR SCW 1950, the Hon’ble Supreme Court has held that Gautam Kundu’s decision { (1993)3 SCC 418 } is not an authority for the proposition that under no circumstances the Court can direct that blood tests be conducted. It having regard to the future of the child, has, of course, sounded a note of caution as regard mechanical passing of such order. In some other jurisdictions, it has been held that such directions should ordinarily be made if it is in the interest of the child. Therefore Gautam Kundu’s ruling may not be applicable to the facts and circumstances of the present case. 28. Learned Counsel for the petitioner has also drawn the attention of this Court to Sections 3, 4 and 6 of the Identification of Prisoners Act, 1920, which reads as under: 3. Taking of measurements, etc. Therefore Gautam Kundu’s ruling may not be applicable to the facts and circumstances of the present case. 28. Learned Counsel for the petitioner has also drawn the attention of this Court to Sections 3, 4 and 6 of the Identification of Prisoners Act, 1920, which reads as under: 3. Taking of measurements, etc. of convicted persons.-Every person who has been.- (a) Convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards or of any offence which would render him liable to enhanced punishment on a subsequent conviction; or (b) Ordered to give security for his good behavior under Section 118 of the Code of Criminal Procedure, 1898 (5 of 1989) shall, if so required, allow his measurement and photograph to be take by a Police Officer in the prescribed manner. 4. Taking of measurements, etc., of non-convicted persons. – Any person who has been arrested. In connection with an offence punishable with rigorous imprisonment for a term of one year or upward shall, if so required by a police officer, allow his measurements to be taken in the prescribed manner. Karnataka Amendment – In its application to the State of Karnataka, for Section 4 substitute the following: “4. Taking of measurements or photographs of unconvicted persons.- Any person,- (a) Who has been arrested in connection with an offence punishable under Section 96 of the Karnataka Police Act, 1963, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upward or in connection with an offence for the commission of which on a second or subsequent occasion enhanced penalties have been provided for under any law for the time being in force; or (b) In respect of when direction or order under Section 54 or 55 of the Karnataka Police Act, 1963, has been made, Shall if so required by a police officer, allow his measurements or photographs to be taken in the prescribed manner.” 6. Resistance to the taking of measurements, etc.-(1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof. Resistance to the taking of measurements, etc.-(1) If any person who under this Act is required to allow his measurements or photograph to be taken resists or refuses to allow the taking of the same, it shall be lawful to use all means necessary to secure the taking thereof. (2) Resistance to or refusal to allow taking of measurements or photograph under this Act shall be deemed to be an offence under Section 186 of the Indian Penal Code, 1860. 29. Relying on Sections 3, 4 and 6 of the Identification of Prisoners Act, 1920 and also relying on the ruling of the Supreme Court in the case of Amrit Singh Vs. State of Punjab reported in (2006) 12 SCC 79 , it is the contention of the learned Counsel for the petitioner that without the consent of the Accused No. 1, the sample of blood cannot be drawn from him. 30. In this connection, a reference may be made to a decision of the Hon’ble Supreme Court in the case of Nandini Satpathy Vs. P.L. Dani reported in AIR 1978 SC 1025 wherein at paragraph-53 the Hon’ble Supreme Court has held as under: 53. We hold that Section 161 enables the police to examine the accused during investigation. The prohibitive sweep of Article 20(3) goes back to the stage of police interrogation – not, as contended, commencing in Court only. In our judgment the provisions of Article 20(3) and Section 161 (1) substantially cover the same area, so far as police investigations are concerned. The ban on self-accusation and the right to silence, while one investigation or trial is under way, goes beyond that case and protects the accused in regard to other offences pending or imminent, which may deter him from voluntary disclosure of criminatory matter. We are disposed to read ‘compelled testimony’ as evidence procured not merely by physical threats or violence but by psychic torture, atmospheric pressure, environmental coercion, tiring interrogatory polixity, overbearing and intimidatory methods and the like – not legal penalty for violation. So, the legal perils following upon refusal to answer, or answer truthfully, cannot be regarded as compulsion within the meaning of Article 20(3). The prospect of prosecution may lead to legal tension in the exercise of a constitutional right, but then, a stance of silence is running a calculated risk. So, the legal perils following upon refusal to answer, or answer truthfully, cannot be regarded as compulsion within the meaning of Article 20(3). The prospect of prosecution may lead to legal tension in the exercise of a constitutional right, but then, a stance of silence is running a calculated risk. On the other hand, if there is any mode of pressure, subtle or crude, mental or physical, direct or indirect, but sufficiently substantial, applied by the policeman for obtaining information from an accused strongly suggestive of guilt, it becomes ‘compelled testimony violative of Article 20(3). 31. It is the contention of the learned Counsel for the petitioner that taking a sample of blood of Accused No. 1 without his consent is violative of Article 20(3) of the Constitution of India. It is difficult to accept the contention of the learned Counsel for the petitioner because testimonial compulsion means subjecting the accused to produce any documentary evidence or recording his statement relevant to the points involved in the case. In the instant case, this is not being done, but sample of the blood will be taken from the Accused No. 1/petitioner for subjecting it to DNA test to tally with the blood or semen found on the clothes of the accused as well as the victim. Section 53(A) of the Code of Criminal Procedure deals with examination of person accused of an offence of rape by the Medical Practitioner. It indicates that at the request of a Police Officer not below the rank of a Sub-Inspector, the Medical Practitioner with good faith makes such an examination of the arrested person and use such force as is reasonably necessary for that purpose. Cr.PC (Amendment) Act, 2005 (25 of 2005) was introduced by the Legislature in order to overcome the difficulty in conducting the examination i.e., examination of blood, bloodstains, semen, swabs in the case of sexual offences, sputum and sweat; hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case. As stated earlier, this amendment was brought to overcome the difficulty of the prosecuting agency to detect the serious offence of rape. This section is not ultra vires of the Construction. As stated earlier, this amendment was brought to overcome the difficulty of the prosecuting agency to detect the serious offence of rape. This section is not ultra vires of the Construction. Drawing of the blood sample for the purpose of civil proceedings without the consent of the party is not desirable. But drawing of the blood sample for detection of the offence of rape wherein the investigating agency has to establish its case beyond reasonable doubt, cannot to termed as violative of Article 20(3) of the Constitution. The offence or rape is a very serious offence and it is an offence against the society at large. 32. It is the contention of Sri Ravi B. Naik, the learned Counsel for the petitioner that without the consent of the accused, the blood sample cannot be drawn from the accused for the purpose of DNA test. Learned Counsel for the petitioner relies on Identification of Prisoners Act, 1920 in support of his contention. Further, he also relies on the ruling of the Hon’ble Supreme Court in the case of Amrut Singh Vs. State of Punjab reported in (2006) 12 SCC 79 in support of his contention. 33. In this connection, a reference may be made to the following two decisions: 34. In the case of Scmerber Vs. California, 16L Ed 2d 908: 384 US 757 (1966) it is held as under: “Does compulsory blood test amount to violation of this right? In the United States of America, compulsory blood test was challenged on the following grounds: 1. It amounted to deprivation of property without due process of law. 2. It compelled the accused to be a witness against himself. 3. It amounted to violation of the right against unreasonable searches and seizure. The Court decided by majority that no fundamental right was violated. 35. In the case of State of Bombay Vs. Kathi Kalu, reported in AIR 1961 SC 1808 , Bench of 11 Hon’ble Judges of the Apex Court has held as under: (16) In view of these considerations, we have come to the following conclusions: (1) An accused person cannot be said have been compelled to be a witness against himself simply because he made a statement while in police custody, without anything more. In other words, the mere fact of being in police custody at the time when the statement in question was made would not, by itself, as a proposition of law, lend itself to the inference that the accused was compelled to make a statement, though that fact, in conjunction with other circumstances disclosed in evidence in a particular case, would be a relevant consideration in an enquiry whether or not the accused person had been compelled to make the impugned statement. 2. The mere questioning of an accused person by a police officer, resulting in a voluntary statement, which may ultimately turn out to be incriminatory, is not compulsion. 3. ‘To be a witness’ is not equivalent to ‘furnishing evidence’ in its widest significance; that is to say, as including not merely making of oral or written statements but also production of documents or giving materials which may be relevant at a trial to determine the guilt or innocence of the accused. 4. Giving thumb impressions or impressions of foot or palm or fingers or specimen writings or showings parts of the body by way of identification are not included in the expression ‘to be a witness’. 5. ‘To be a witness’ means imparting knowledge in respect of relevant facts by an oral statement or a statement in writing, made or given in Court or otherwise. 6. ‘To be a witness’ in its ordinary grammatical sense means giving oral testimony in Court. Case-law has gone beyond this strict literal interpretation of the expression which may now bear a wider meaning namely, bearing testimony in Court or out of Court by a person accused of an offence, orally or in writing. 7. To bring the statement in question within the prohibition of Art.20(3), the person accused must have stood in the character of an accused person at the time he made the statement. It is not enough that he should become an accused, any time after the statement has been made. 36. In the above decision, the Hon’ble Supreme Court has further held as under: 32. xxx xxxx xxxx It has to be noticed however that Art.20(3) does not say that an accused person shall not be compelled to be a witness. It says that such a person shall not be compelled to be a witness against himself. 36. In the above decision, the Hon’ble Supreme Court has further held as under: 32. xxx xxxx xxxx It has to be noticed however that Art.20(3) does not say that an accused person shall not be compelled to be a witness. It says that such a person shall not be compelled to be a witness against himself. The question that arises therefore is: Is an accused person furnishing evidence against himself, when he gives his specimen hand writing, or impressions of his fingers, palm or foot? The answer to this must in our opinion be in the negative. 33. xxx xxx xxx The evidence of specimen handwriting or the impressions of the accused person’s fingers, palm or foot, will incriminate him, only if on comparison of these with certain other handwritings or certain other impressions, identity between the two sets is established. By themselves, these impressions or the handwritings do not incriminate the accused person, or even tend to do so. That is why it must be held that by giving these impressions or specimen handwriting, the accused person does not furnish evidence against himself. So, when an accused person is compelled to give a specimen handwriting or impressions of his finger, palm or foot, it may be said that he has been compelled to be a witness. It cannot however be said that he has been compelled to be a witness against himself. 34. This view, it may be pointed out, does not in any way militate against the policy underlying the rule against “testimonial compulsion”. We have already discussed above. There is little risk, if at all, in the investigator or the prosecutor being induced to lethargy or inaction because he can get such handwriting or impressions from an accused person. For, by themselves they are of little or of no assistance to bring home the guilt of an accused. Not is there any chance of the accused to mislead the investigator into wrong channels by furnishing false evidence. For, it is beyond his power to alter the ridges or other characteristics of his hand palm or finger or to alter the characteristics of his handwriting. 37. Applying the principles laid down in the above mentioned decisions, obtaining the blood sample of the accused will not incriminate him. The characteristics of the blood cannot be altered. For, it is beyond his power to alter the ridges or other characteristics of his hand palm or finger or to alter the characteristics of his handwriting. 37. Applying the principles laid down in the above mentioned decisions, obtaining the blood sample of the accused will not incriminate him. The characteristics of the blood cannot be altered. The blood sample will be subjected to chemical examination alongwith other materials seized viz., apparels of the accused as well as the victim. Only on comparison with semen and bloodstains found on the apparels of the accused or the victim, if the result is positive, then only it will incriminate the accused. This being the position, it is difficult to say that drawing of the blood sample for the purpose of detection of crime of rape is violative of Article 20(3) of the Constitution of India. Though the learned Senior Counsel relying on the decision of the Hon’ble Supreme Court in the case of Amrit Singh Vs. State of Punjab reported in (2006) 12 SCC 79 pointed out that consent of the accused is necessary for drawing the blood sample, but in the case of State of Bombay Vs. Kathi Kalu reported in AIR 1961 SC 1808 , Bench of 11 Hon’ble Judges of the Supreme Court answered the question, “Is an accused person furnishing evidence against himself, when he gives his specimen handwriting or impressions of his fingers, palm or foot” in the negative. Interpretation of the larger Bench has not been overruled. It is well-settled that contrary decision of the larger Bench prevails over the decision of the smaller Bench. As stated earlier, applying the principles laid down in the above decisions, blood drawn from the accused will not incriminate him unless the blood test or the DNA test gives a positive finding. The privilege included in Article-20(3) of the Constitution of India may be an hindrance to investigation of crime. Though Article 20(3) of the Constitution of India appears to have an undesirable effect on the social interest and that in the detection of crime of rape, the Court has to balance between the interest of the society at large as well as the essential rights of the citizens. For this, clear understanding of the fundamental law of this country is necessary. For this, clear understanding of the fundamental law of this country is necessary. Though this privilege is considered by some as an impediment in the way of investigation, justice will not perish if there is an orderly inquiry. Adequacy of lab procedures and the competence of the experts who testify should remain open to inquiry. In this case, the investigating agency has requested the Magistrate to permit them to draw the blood sample of the accused for the purpose of DNA test. In other words, the blood sample is sought to be drawn under the authority of a Magistrate, but not by the compulsion or coercion of the investigating agency. 38. Insofar as voice recording is concerned, the investigating agency may record the voice sample. But it may not be termed as statement of the accused and the narration by the accused while recording the voice sample should not pertain to the subject-matter of the crime. If these safeguards are taken while recording the voice sample, the essential rights of the accused will be protected. 39. Examination of the accused includes taking of the photographs, taking sample of public hair etc. Therefore taking the photographs, sample of public hair from the body of the accused may not amount to violation of the safeguards envisaged in the Article 20(3) of the Constitution of India. 40. Though in the instant case, there is a delay in lodging the complaint, but the statement of the victim clearly indicates that without consent, accused had forcible sexual intercourse with her. Even the apparels of the accused as well as victim have been seized under the seizure panchanama. This has been subjected to chemical examination for discovering the traces of blood, semen etc. Though it is for the investigating agency to decide whether the blood sample of the accused is required for investigation or not, however taking into consideration of the facts and circumstances of the case, particularly seizure of the apparels of the victim as well as the accused, in my view, the blood sample of the accused may be required for ascertaining the truth of the prosecution version as well as the defence version. The contents of the First Information Report indicates that accused used to threaten the husband of the victim. Therefore in my view, it is necessary to have the voice sample of the accused for comparison. 41. The contents of the First Information Report indicates that accused used to threaten the husband of the victim. Therefore in my view, it is necessary to have the voice sample of the accused for comparison. 41. One of the contentions that has been urged by the learned Senior Counsel Sri Ravi B. Naik is that blood sample may be misused and there may be false accusation by using DNA database. In our country, there is no law for security of the data or to prevent any unauthorised agency from obtaining the information. I am constrained to refer Modi’s Medical Jurisprudence and Toxicology (23rd Edition) and quote some of the observations made therein since the learned Counsel for the petitioner raised a point that DNA database may be misused. The observations made at pages-550 to 553 in Modi’s Medical Jurisprudence and Toxicology are as under: DNA Databases vis-a-vis Civil Rights: There still remain concerns about the technology’s potential impact on civil rights of the accused suspect. For instance, what degree of probable cause must law enforcement officials demonstrate before a Judge can order a DNA blood test on an unco-operative suspect? Also, can police officials use previously collected samples for other purposes if they suspect an individual committed a crime? These questions begin another debate about whether DNA should be stored in a database for potential future use. Many worry about the possible abuse that may develop and the possibility of false accusation without a probable cause. The forensic scientists within Europe have long seen the advantages of DNA databases and through good discussion and a good deal of compromise, a level of harmonisation has been reached which would allow for the exchange of information. Networked databases would make it much easier to identify criminals who are responsible for crimes in other countries but the different criminal justice systems which currently exist are unlikely to make this a reality in the near future. DNA profiling raises several serious ethical issues; perhaps the most severe of these is the establishment of DNA databases. These databases contain millions of DNA samples and have only recently emerged in the last five years or so. The major advantages that these databases have is that if applied to the whole nation, these databases may someday help solve murders, find missing children, identify crash or war victims of even acquit innocent men from jail. These databases contain millions of DNA samples and have only recently emerged in the last five years or so. The major advantages that these databases have is that if applied to the whole nation, these databases may someday help solve murders, find missing children, identify crash or war victims of even acquit innocent men from jail. However, these databases can be seen to have serious ethical dilemmas, which cannot be overlooked. Currently in India, these are no national laws that govern the use and application of DNA samples; databases can be set up by insurance companies, business corporations, even the Government. One can therefore, see the huge ethical dilemma this is created. The American Government passed a bill in 1991 that allowed DNA samples to be taken during investigations of unsolved cases and from convicted offenders. The insurance companies and employers also set up their own databases. In UK, the 1995 Criminal Justice Act allowed the police to take non-intimate samples for DNA analysis from anyone suspected of committing a recordable offence (in general terms this means a crime which could attract a custodial sentence). If the person if found guilty, the DNA profile can stay on the database forever and furthermore, should new technology become available, the sample can be re-tested using the new system. If the person is acquitted, however, the result must be removed from the database. The reasoning behind the UK decision came from statistics which showed that the vast majority of men found guilty of sexual assaults had previous convictions for more minor crimes. Thus a person who sets out to be a serial rapist could be denied his ambition because he would be identified from the database after the first assault. In other European countries, more restrictive legislation is envisaged whereby personal profiles can only be entered into a database if the individual is convicted of a serious offence. In Germany, the samples for analysis are provided anonymously to the laboratories, whereas the resulting DNA profiles are entered, together with a name, into the database. While this has the advantage of preventing misuse of the DNA sample, it provides a very cumbersome system for the scientist to operate. In other jurisdictions, there are legal decisions which will make the databases less effective. In Holland, a sample for DNA processing can only be taken if it helps to prove the case. While this has the advantage of preventing misuse of the DNA sample, it provides a very cumbersome system for the scientist to operate. In other jurisdictions, there are legal decisions which will make the databases less effective. In Holland, a sample for DNA processing can only be taken if it helps to prove the case. Therefore, if a suspect admits to a sexual offence, no sample is taken and no personal profile is entered into the database. The ethical dilemma that this creates is that people may not be aware that their personal and medical information can be bought and sold without their consent. For example, it may well be the case that in future, anyone can gain access to these databanks thereby raising huge privacy and ethical issues. Without controls, DNA databanks could be used to launch broad sweeps for criminal suspects and to expose personal secrets to employers and insurers. The future of these databases is unsure, however owing to the vast amount of controversy that surrounds them and the serious ethical issues that arise as a result. One can be hopeful that increased Government intervention and regulation is only a step away. While it is true that there has been some debate concerning the storage of genetic profiles which might, in the future, provide more information than was previously thought, the whole subject of storing DNA results has become emotive. Legislations for the security of the data could be enacted to prevent any unauthorised agencies from obtaining the information. Wide-ranging fingerprint databases have been in use around the world for a long time and fears about their misuse are generally unfounded. All of these issues were debated at a meeting in Germany where it was generally agreed by scientists that use of comprehensive DNA databases can be extremely effective in linking scenes of crime and identifying the perpetrators of a wide spectrum of cases. Forensic scientists have been successful with the integration of DNA systems throughout Europe and it is now the turn of the legislators to provide a harmonised framework of criminal justice in which to operate. Looking towards the future, it appears that as lawyers now have a well-established precedent to build upon and the procedure of matching DNA samples continues to become increasingly complex, much controversy will continue to surround this procedure, both in and out of the Courtroom. 42. Looking towards the future, it appears that as lawyers now have a well-established precedent to build upon and the procedure of matching DNA samples continues to become increasingly complex, much controversy will continue to surround this procedure, both in and out of the Courtroom. 42. In my view, respondent-State will take necessary steps to prevent false accusation and also to prevent misuse of DNA database. Further, the voice samples recorded by the investigating agency through All India Radio shall not be released for the purpose other than the investigation and trial of this case. 43. The Trial Court has carefully examined the requisition as well as the objections statement of the accused and allowed the application filed by the prosecution for obtaining blood sample, public hairs etc., of the accused No.1. The finding recorded by the Trial Court on this application is sound and proper. 44. For the reasons stated above, I answer Point Nos.1 and 2 in the negative and point No.3 in the affirmative. This Criminal Petition filed has no merit and it is liable to be dismissed. 44. In view of the above discussion, I pass the following: ORDER This Criminal Petition is dismissed.