Disputed Paternity and DNA Testing – A Study in the Indian Context
14 Pages Posted: 12 May 2016
Date Written: May 3, 2016
Abstract
In India, the presumption of child legitimacy is dealt under Section 112 of the Indian Evidence Act,1872. The object behind such presumption is to prevent paternity and legitimacy from being disputed except to the extent specified in the Section. The result of a genuine DNA test is said to be scientifically accurate. But even that is not enough to escape from the conclusiveness of Section 112 of the Act, e.g., if a husband and wife were living together during the time of conception but the DNA test revealed that the child was not born to the husband, the conclusiveness in law would remain unrebuttable.
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