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Report No. 271

2. Definitions.

(1) In this Act, unless the context otherwise requires,-

(a) "Board" means the DNA Profiling Board established under sub-section (1) of section 3;

(b) "bodily substances" means any biological material of, or from the body of, a person, whether living or dead, unidentified human remains, and includes intimate or non-intimate body samples specified in Explanation to section 23;

(c) "Chairperson" means the Chairperson of the Board ;

(d) "crime scene index" in relation to any offence listed in Paragraphs A and B of the Schedule means a list of entries of DNA profiles, in a DNA Data Bank derived from bodily substances found-

(i) at any place where an offence was committed or is reasonably suspected of having been committed; or

(ii) on or within the body of the victim, or a person reasonably suspected of being a victim, of an offence; or

(iii) on anything worn or carried by the victim at the time when an offence was, or is reasonably suspected of having been, committed; or

(iv) on or within the body of a person, or on anything, or at any place, associated with the commission of an offence;

(e) "DNA Data Bank" means a DNA Data Bank established under sub-section(1) of section 25;

(f) "DNA Data Bank Director" means a person appointed under sub-section (1) of section 27;

(g) "DNA laboratory" means any laboratory or facility established by the Central Government or a State Government or a person or an organization which has been granted accreditation under this Act to perform DNA testing;

(h) "DNA profile" means the result of analysis of a DNA sample for establishing human identification in respect of matters listed in the Schedule;

(i) "DNA sample" means bodily substances of any nature collected for conducting DNA testing and includes the materials derived in a DNA laboratory from such bodily substances;

(j) "DNA testing" means the procedure followed in DNA laboratory to develop DNA profile;

(k) "Fund" means Fund of the Board constituted under sub-section (1) of section 40;

(l) "known sample" means the bodily substances of a person whose identity is established;

(m) "medical practitioner" means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register;

(n) "Member" means a Member of the Board and includes the Chairperson;

(o) "Member-Secretary" means the Member- Secretary of the Board;

(p) "missing persons' index" means a list of entries of DNA profiles, in a DNA Data Bank, derived from -

(i) Unidentified human remains;

(ii) the personal effects of persons who are missing; and

(iii) the bodily substances of relatives of the missing persons;

(q) "offenders' index" means a list of entries of DNA profiles of samples taken from offenders, in a DNA Data Bank;

(r) "prescribed" means prescribed by rules made by the Central Government under this Act;

(s) "proficiency testing" means a quality assurance measure used to monitor performance and identify areas in which improvement may be needed and includes-

(i) internal proficiency test which is devised and administered by the DNA laboratory; and

(ii) external proficiency test, which may be open or blind, and which is devised and administered by an external agency;

(t) "quality assurance" includes the systematic actions necessary to demonstrate that a product or service meets specified standards of quality;

(u) "quality manual" is a document which specifies the quality procedures, quality systems and practices of an organisation relating to standards, quality control and quality assurance;

(v) "quality system" is the organisational structure, responsibilities, procedure, process and resources for implementing quality management;

(w) "regulations" means the regulations made by the Board;

(x) "specified offence" means any offence punishable with death or imprisonment for a term exceeding seven years;

(y) "suspects' index or undertrials' index" means a list of entries of DNA profiles derived from bodily substances taken from the suspects or as the case may be undertrials, in a DNA Data Bank;

(z) "unknown deceased persons' index" means a list of entries of DNA profiles derived from bodily substances or remains of deceased persons whose identity is not known, maintained in a DNA Data Bank;

(zz) "validation process" means the process by which a procedure is evaluated to determine its efficacy and reliability for casework analysis and includes-

(i) developmental validation, being the acquisition of test data and determination of conditions and limitations, of any new DNA methodology for use on case samples; and

(ii) internal validation, being an accumulation of test data within the DNA laboratory, to demonstrate that the established methods and procedures are performed as specified in the laboratory.

(2) All words and expressions used and not defined in this Act but defined in the Indian Penal Code, 1860; the Indian Evidence Act, 1872 and the Code of Criminal Procedure, 1973, shall have the same meanings respectively assigned to them in that Act and those Codes.

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

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