Exclusion of DNA Tests under Section 112 of the Indian Evidence Act 1872 : A Senseless or a Meaningful Exclusion
By
Nikhil Gurnani
Introduction
“To assert that the earth revolves around the sun is as erroneous as to claim that Jesus was not born of a virgin.”
Cardinal Bellarmino1.
Religion is not the only concept which was revolutionized by the scientific developments. Law and science though have join hands to meet the ends of justice have also been in uneasy alliances with each other. Ever since, the 14th Century scientific evidence has posed various challenges before the law. The Fundamental differences arise from the nature of the processes as scientific processes are empirical in nature which is used to discover truth. On the contrary, legal processes are adversary in nature though are also employed to discover the truth for adjudication of disputes by arriving just and final solution. Thus, law can be said a normative pursuit aimed to define the public and private relationships. Science on the other hand, is a de ....