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Report No. 271

23. Sources and manner of collection of body samples for DNA testing.

(1) For the purposes of this Act, samples for DNA testing may be collected from the following sources, namely:-

(a) bodily substances;

(b) scene of occurrence, or scene of crime;

(c) clothing and other objects; or

(d) such other sources as may be specified by regulations.

(2) For the purposes of sub-section (1),-

(a) any intimate body samples from living persons shall be collected, and intimate forensic procedures shall be performed, by a medical practitioner;

(b) any non-intimate body samples shall be collected and non-intimate forensic procedure shall be performed by the technical staff trained for the collection of samples for DNA testing under the supervision of a medical practitioner or a scientist having expertise in molecular biology or such other person as may be specified by regulations:

Provided that before collecting bodily substances for DNA testing of a victim or a person reasonably suspected of being a victim who is alive, or a relative of a missing person, or a minor or a disabled person, written consent of such victim or such relative or the parent or guardian of such minor or disabled person and, in case of refusal of consent on behalf of a minor, by the order of the Court, shall be taken.

Explanation.-For the purposes of this section,-

(a) "intimate body sample" means a sample of blood, semen or any other tissue, fluid, urine or pubic hair; or a swab taken from a person's body orifice other than mouth; or skin or tissue from an internal organ or body part, taken from or of a person, living or dead;

(b) "intimate forensic procedure" means any of the following forensic procedures conducted on a living person, namely:-

(i) external examination of the genital or anal area, the buttocks and breasts in the case of a female;

(ii) taking of a sample of blood;

(iii) taking of a sample of pubic hair;

(iv) taking of a sample by swab or washing from the external genital or anal area, the buttocks and breasts in the case of a female;

(v) taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks and breasts in the case of a female;

(vi) taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, buttocks and breasts in the case of a female;

(c) "non-intimate body sample" means any of the following taken from or of a person, living or dead, namely:-

(i) handprint, fingerprint, footprint or toe print;

(ii) a sample of hair other than pubic hair;

(iii)a sample taken from a nail or under a nail;

(iv) swab taken from any part of a person's body including mouth, but not any other body orifice;

(v) saliva; or

(vi) A skin impression (d) "non-intimate forensic procedure" means any of the following forensic procedures conducted on a living individual, namely:-

(i) examination of a part of the body other than the genital or anal area, the buttocks and breasts in the case of a female, that requires touching of the body or removal of clothing;

(ii) taking of a sample of hair other than pubic hair;

(iii) taking of a sample from a nail or under a nail;

(iv) taking of a buccal swab with consent;

(v) taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks and breasts in the case of a female;

(vi) scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks and breasts in the case of a female;

(vii) taking of a handprint, fingerprint, footprint or toe print; or

(viii) taking of a photograph or video recording of, or an impression or cast of a wound from, a part of the body other than the genital or anal area, the buttocks and breasts in the case of a female;



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