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Report No. 271

31. Retention and expunction of records.

(1) The information contained in the crime scene index shall be retained.

(2) The Director of the National DNA Data Bank shall expunge forthwith the DNA profile,

(i) of a suspect, after the filing of the police report under the statutory provisions or as per the order of the court;

(ii) of an under trial, as per the order of the court; under intimation to him, in such manner as may be specified by regulations.

(3) The Director of the National DNA Data Bank shall, on receiving a written request of a person who is neither an offender nor a suspect, but whose DNA profile is entered in the crime scene index or missing persons' index of the DNA Data Bank, for removal of his DNA profile therefrom, expunge forthwith the DNA profile of such person from DNA Data Bank, under intimation to the person concerned, in such manner as may be specified by regulations:

Provided that where such DNA profile is of a minor or a disabled person, expunging shall be made on receiving written request from a parent or the guardian of such minor or disabled person.

(4) All other criteria for entry, retention and expunction of any DNA profile in or from the DNA Data Bank and DNA laboratories shall be such as may be specified by regulations.



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