The Telangana High Court has set aside a trial court order permitting a potency test of an accused in a sexual offence case, holding that medical and scientific tests of an accused cannot be ordered routinely or merely because the allegation is grave, and must meet the tests of relevance, necessity and proportionality.
Yesterday, 7th April, The SC allowed a man to undergo a potency test following divorce proceedings initiated by his wife, who claimed their marriage was unconsummated due to his impotence. Justices Vikram Nath and Prashant Kumar Mishra modified the Madras High Court’s ruling, emphasizing the man’s consent for the test. The case highlights the court’s consideration of medical evidence in marital disputes.
