Delhi High Court: Authorities Must Come Together For Strict Compliance With Guidelines Regarding Handling Of Fetal Material For DNA Analysis In Sexual Assault Cases
The Delhi High Court said that if forensic laboratories do not accept samples on weekends or public holidays, it is unclear how investigating agencies are expected to comply with the Supreme Court’s mandate.
Justice Swarana Kanta Sharma, Delhi High Court
The Delhi High Court has emphasized that the concerned authorities must come together and evolve a workable policy framework to ensure strict and uniform compliance with the guidelines issued by the Ministry of Health & Family Welfare (MHA) regarding handling of fetal material or product of conception for DNA analysis.
The Court was hearing a Criminal Appeal filed by an accused challenging the Judgment of the Additional Sessions Judge in a case arising out of the FIR under Sections 376 and 506 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
A Single Bench of Justice Swarana Kanta Sharma observed, “… this Court is of the view that the FSL authorities, the police administration, and the officials of the Health and Home Departments of the Government of Delhi must come together and evolve a workable policy framework to ensure strict and uniform compliance with the guidelines issued by the Ministry of Health & Family Welfare, the CFSL/DFSS, as well as the binding directions of the Hon’ble Supreme Court.”
The Bench remarked that it sincerely hopes and expects that the guidelines and protocols, issued by the Supreme Court, Ministry of Health & Family Welfare, and the CFSL, Directorate of Forensic Science Services, shall be diligently and scrupulously followed by all concerned doctors/medical officers, investigating officers, police personnel, and forensic laboratories.
Advocate Sakshi Sachdeva appeared for the Appellant, while APP Naresh Kumar Chahar appeared for the Respondents.
Factual Background
In 2020, the victim aged about 17 years returned to the hospital along with her aunt, carrying the ultrasound report. The victim was medically examined and the doctor advised that she be admitted. The Investigating Officer (IO) had called an NGO counsellor, who had counselled the victim. The IO thereafter had recorded the statement of the victim, who stated that she lived with her father, aunt, and grandmother. She stated that her mother had passed away the previous year, after which she had discontinued her studies and her father worked as a banner-paster. It further stated that she did not remember the exact date, but sometime in January 2020, her grandmother had fallen ill and her aunt had taken her grandmother to the hospital.
Her father was away at work and at that time, she had served food to her ‘mama’ (the Appellant). The accused had then allegedly pulled her towards himself, gagged her mouth, removed both their clothes, and forcibly had sexual intercourse with her. When she resisted, the accused had allegedly threatened to kill her if she disclosed the incident to anyone. Out of fear, she had remained silent and later, when she experienced pain in her stomach, she had visited the hospital with her aunt and had come to know that she was pregnant, after which the doctor had informed the police. Thereafter, an FIR was registered against the Appellant-accused and subsequently, he was arrested. The Trial Court convicted him and sentenced him to undergo rigorous imprisonment for 20 years. Being aggrieved, he was before the High Court.
Court’s Observations
The High Court after hearing the contentions of the counsel, noted, “From the guidelines issued by both the Ministry of Health & Family Welfare and the CFSL, Directorate of Forensic Science Services, two aspects clearly emerge regarding the handling of fetal material/product of conception intended for DNA analysis. These are summarised as under:
1. Preservation Medium: Use of Saline and Prohibition on Formalin The protocols clearly mandate that the product of conception must be rinsed with normal saline and placed in a wide-mouthed sterile container. Formalin is expressly prohibited for fetal tissue preservation as it causes irreversible DNA fragmentation and introduces inhibitory compounds that prevent amplification. Thus, for purposes of establishing paternity or linking the material to an accused, the use of saline, and the complete avoidance of formalin, is a non-negotiable scientific requirement.
2. Maintenance of Optimum Temperature and Cold Chain: Both sets of guidelines emphasise that product of conception/ fetal material must be preserved and transported under controlled cold conditions. The Ministry guidelines require preservation and transportation at about –4°C, whereas the DFSS guidelines recommend storage at –20°C for optimal DNA stability. In either case, the maintenance of an uninterrupted cold chain (at least –4°C) from the moment of collection of the product of conception/ fetal material, until its delivery at the forensic laboratory is critical, as temperature fluctuation may accelerate degradation of the DNA and diminishing the viability of DNA for profiling.”
The Court said that as far as transportation of the product of conception, by the police officer/IO concerned, from Hospital, to malkhana, and to the FSL is concerned, the Supreme Court has already issued guidelines in relation to all DNA samples, especially in cases of sexual assault, that the said samples are to be transported immediately and in any case within 48 hours, without any delay.
“As regards the other issues and practical difficulties flagged before this Court – such as the unavailability of adequate cold-storage facilities with the police, the logistical challenges in maintaining an unbroken cold chain during transportation of biological samples, and the submission that FSL laboratories remain closed on weekends and public holidays – this Court is of the considered view that these concerns require a coordinated and proactive response from all stakeholders, as these practical issues continue to remain unanswered”, it added.
The Court observed that if forensic laboratories do not accept samples on weekends or public holidays, it is unclear how investigating agencies are expected to comply with the Supreme Court’s mandate that DNA samples be transported without delay and, in any case, within 48 hours.
“The prosecution has not explained what procedure is to be followed when biological samples requiring cold-chain preservation cannot be deposited immediately with the FSL due to such closures. These issues must be urgently addressed, so that avoidable lapses do not lead to miscarriage of justice in cases where corroborative forensic evidence may be crucial for adjudicating a criminal case”, it further noted.
Conclusion
The Court, therefore, directed that the Judgment be forwarded to the Secretary, Department of Home, GNCTD; Secretary, Department of Law, GNCTD; Director, FSL Rohini; Director, CFSL, Delhi; and the Commissioner of Police, Delhi to take note of the contents of the Judgment.
“As already held above, the conviction and sentence of the appellant stands upheld. The Registry is directed to send a copy of this judgment to the concerned Jail Superintendent. Since the appellant is in judicial custody, a copy of this judgment shall be forwarded to the appellant by the concerned Jail Superintendent”, it concluded.
Accordingly, the High Court disposed of the Appeal and upheld the conviction of the accused.
Cause Title- Darshan Mohar v. State of NCT of Delhi and Anr. (Neutral Citation: 2025:DHC:11150)
Appearance:
Appellant: Advocates Sakshi Sachdeva and Ritika Rajput.
Respondents: APP Naresh Kumar Chahar and Advocate Arvind Kumar.
