The Telangana High Court has set aside an order permitting the police to subject IPS officer trainee M. Uday Krishna Reddy to a potency test in connection with a sexual-offence investigation. Justice J. Sreenivas Rao held that the prosecution had not explained why the test was necessary or how it would assist the investigation.
Background of the Case
The case arose from Crime No.824 of 2026 registered at Attapur Police Station on the complaint of respondent No.2. Several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act were invoked during the investigation. Later, offences under Section 64(1) read with Section 63(b)(iii) and Section 109 of the BNS were added.
The prosecution initially sought police custody of Reddy, including for conducting a potency test. On August 5, 2026, the trial court refused custody for that purpose, observing that no specific reason had been given for the test or its relevance to the prosecution case.
The prosecution subsequently filed another application under Section 52 read with Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking permission for the medical examination. The trial court allowed it on August 17. Reddy then approached the High Court.
Court's Observation
The High Court noted that the prosecution's specific case involved an allegation of digital penetration. However, when the second application was filed, the prosecution again did not provide specific reasons showing why a potency test was required or how it would help establish the alleged offence.
The Court relied on earlier decisions holding that medical and scientific examinations, including potency and DNA tests, cannot be ordered mechanically. Such examinations must have relevance, necessity and proportionality, while respecting privacy, bodily autonomy, personal liberty and dignity under Article 21 of the Constitution.
The Court observed,
"medical or scientific examinations of an accused, including potency and DNA tests, cannot be ordered routinely or mechanically." It further stressed that such testing must be legally justified and based on the facts of the particular case.
Decision
The High Court found that the prosecution had neither demonstrated the required necessity nor pointed to any changed circumstances after the earlier rejection of the potency-test request. It held that the trial court's reasoning, based only on the gravity of the allegations and the investigating agency's general power to collect evidence, was contrary to the principles laid down in the cited judgments.
Accordingly, Justice J. Sreenivas Rao allowed the criminal petition and set aside the August 17, 2026 order permitting the potency test.
The Court clarified that the order would not prevent the prosecution from filing an appropriate application if necessity arose in accordance with law.
Case Details
- Case Title: M. Uday Krishna Reddy v. The State of Telangana and Another
- Case Number: Criminal Petition No.13846 of 2026
- Judge: Justice J. Sreenivas Rao
- Decision Date: September 9, 2026
