DNA Evidence in Pakistani Courts: An Analysis

Abstract

This article examines the approach of Pakistani courts with respect to the admissibility and evaluation of DNA evidence. The case law analysis brings to the fore two distinct streams of cases in which parties attempt to rely on DNA evidence: paternity/legitimacy of children and sexual offences. In the first category of cases, courts are reluctant to question paternity/legitimacy on the basis of DNA evidence due to a legislatively enforced conclusive presumption under the Qanun-e-Shahadat Order 1984 in favor of paternity/legitimacy. DNA evidence is admissible in the second category of cases and its value is determined on a case-by-case basis. Under the prevalent legal framework, DNA evidence is regarded as equivalent to an expert opinion, and is thus treated as corroboratory or secondary evidence. This laxity on the part of the judiciary is further compounded by the ill-trained investigating agencies and the lack of scientific resources needed for careful collection and preservation of DNA evidence. Against this background, this article underscores the reexamination and reformulation of the present legal framework around the assessment of DNA evidence by the courts so as to maximize its benefits for the investigation of crimes.

Keywords: DNA; Legitimacy; Paternity; Sexual offence; Pakistan; Case Law; Islamic Law; Law of Evidence; Qanoon-i-Shahadat Order; Presumption