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Report No. 271

C. Malimath Committee Report86

6.6 Section 293(4) of Cr. P.C. enlists the scientific experts under the Code. The Committee recommended that DNA experts should be included in the list of experts under clause (g).

6.7 It recommended amendment of Cr. P.C. conferring all criminal courts at all levels with the inherent power to pass appropriate orders as maybe necessary to give effect to any order under Cr. P.C., or to prevent abuse of the process of any court or otherwise secure the ends of justice as provided under section 482 Cr. P.C. exclusively for the High Court.

6.8 The Committee also recommended an amendment section 4 of Identification of Prisoners Act, 1920 in line with section 27 of the Prevention of Terrorism Act, 2002 which empowers the Court to direct the accused/suspect in writing to give:

(1) samples of hand writing, finger-prints, foot-prints, photographs, blood, saliva, semen, hair, voice to the police officer either through a medical practitioner or otherwise, as the case may be.

(2) If any accused person refuses to give samples as provided in sub-section (1), the Court shall draw adverse inference against the accused.

Human DNA Profiling - A Draft Bill for the Use and regulation of DNA-based Technology Back

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