Law & evidence
DNA evidence in Pakistani courts: key judgments and their limits
From Salman Akram Raja (2013) to the limits on compelling samples: how Pakistan’s courts admit and weigh DNA evidence, and where cases still go wrong.
Forensic Science Pakistan3 min read
DNA profiling can link a suspect to a crime with a confidence no other evidence offers, yet Pakistani courts have taken years to settle how much weight it deserves. This article summarises the main judgments and the limits that still apply. It is general information, not legal advice.
How courts classify a DNA report
Commentators generally describe a DNA report as expert opinion under the Qanun-e-Shahadat Order 1984, which makes it corroborative evidence: it supports or undermines other evidence rather than proving a case on its own. Later decisions, including Ali Haider alias Pappu v Jameel Hussain, are reported to treat the report as admissible in itself, relying on the provision for evidence produced by modern devices and techniques.
Salman Akram Raja v Government of Punjab (2013)
The leading case arose from the gang rape of a 13-year-old girl. In 2013 SCMR 203 the Supreme Court issued guidelines for investigating and prosecuting rape, including that DNA samples must be taken and preserved, and that the request for a DNA test should be made at the earliest stage of the case. The court noted that DNA gives courts a means of identifying perpetrators with a high degree of confidence.
Parliament then wrote the requirement into law: the Criminal Law (Amendment) (Offences Relating to Rape) Act 2016 added section 164-B to the Code of Criminal Procedure, under which DNA samples are to be collected from the victim, with consent, and from the accused during the medical examination and sent to a forensic laboratory. Courts have treated the provision as mandatory, and Sindh has its own amendment requiring DNA testing in rape cases.
DNA alone is not enough for a death sentence
The Supreme Court has observed that DNA evidence on its own is not sufficient to award capital punishment. Prosecutors still need a coherent case around it: how the sample was recovered, how it reached the laboratory and how the findings fit the other evidence. That is why the chain of custody matters as much as the laboratory result.
Paternity and the presumption of legitimacy
In family cases courts start from the presumption that a child born during marriage is legitimate, and they rarely let DNA override it. Tests are ordered in exceptional circumstances, and courts have criticised fathers who use DNA requests to delay maintenance. Our guide to the DNA test in Pakistan explains the practical side.
Consent and privacy
In Laila Qayyum v Fawad Qayum (2019) the Supreme Court held that a free adult woman cannot be compelled to give a sample for a DNA test, because it would violate her liberty, dignity and privacy. Courts can draw conclusions from a refusal, but they do not force a sample from an unwilling adult in civil matters.
Where things still break down
- In 2013 the Council of Islamic Ideology said DNA should not be primary evidence in rape cases. Its views are not binding, and the Supreme Court had already ruled in favour of DNA testing.
- A Karachi sessions court refused to consider DNA in the retrial of the Mazar-e-Quaid gang-rape case, reasoning that Hudood laws carry their own standard of proof.
- Samples are still collected late, stored warm or handed over without records, which gives the defence grounds to challenge the result.
- Mixtures and low-level DNA need careful interpretation; a match statistic is only as good as the analyst’s reasoning behind it.
What this means for investigators and lawyers
- Request DNA testing at the start of the investigation, as the Supreme Court directed.
- Collect and seal samples correctly, and document every transfer.
- Read the report’s method and statistics, not only its conclusion.
- Use DNA to corroborate, not replace, the rest of the case.
Read more about how forensic DNA profiling works, or contact us about training for investigators and prosecutors.
