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Report No. 271

Human DNA Profiling - A draft Bill for the Use and Regulation of DNA-Based Technology

Contents
Chapter I Introduction
Chapter II Ethical Framework
Chapter III International Human Rights Law
A. Recommendations by DNA Commission of the International Society for Forensic Genetics
B. Ethical and Practical Issues relating to DVI
C. Ethical-legal problem of DNA databases in criminal investigation
Chapter IV Constitutional and Legal Aspects of DNA Profiling
A. Indian Evidence Act, 1872
B. Criminal Procedure Code,1973
C. Judgments Dealing with Self-incrimination of Persons vis-à-vis Article 20(3) of the Constitution (1)
Judgments Dealing with Self-incrimination of Persons vis-à-vis Article 20(3) of the Constitution (2)
D. Right to privacy- Under Article 21 of the Constitution
E. Expert Opinion as evidence
Chapter V Laws in other Countries
A. Argentina
B. United States of America
C. Canada
D. China
E. United Kingdom
F. Scotland
G. Trinidad and Tobago
H. Other Countries
Chapter VI The Human DNA Profiling Bill, 2016 and Other Reports
A. The Human DNA Profiling Bill 2016
B. The A. P. Shah Committee Report85
C. Malimath Committee Report86
Chapter VII Conclusions
Chapter VIII Recommendations
Annexure I Relevant Portion from "National DNA Databases 2011"
Laws on Point
Annexure - II The DNA based Technology (Use and Regulation) Bill, 2017
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II DNA Profiling Board
3. Establishment of DNA Profiling Board
4. Composition of the Board
5. Term of office, conditions of service of Chairperson and other Members
6. Meetings of Board
7. Member not to participate in meetings in certain cases
8. Removal and resignation of Chairperson or Member and filing up of casual vacancies of Board
9. Vacancies not to invalidate proceedings of Board
10. Delegation of powers of Board
11. Officers and other employees of Board
12. Functions of Board
Chapter III Accreditation of DNA Laboratories
13. Application for obtaining accreditation and renewal thereof
14. Granting of accreditation or renewal thereof
15. Power of Board to suspend or revoke accreditation
16. Appeal against revocation or withdrawal of accreditation
Chapter IV Standards, Quality Control , Infrastructure of DNA Laboratory and Training of its Personnel
17. Obligations of DNA laboratory
18. Qualifications and experience of person in-charge, scientific and technical staff and other employees of DNA laboratory
19. Responsibilities of person in charge of DNA laboratory
20. Measures to be taken by DNA laboratory
21. Consent for taking bodily substances
22. Bodily substances given voluntarily
23. Sources and manner of collection of body samples for DNA testing
24. Taking of bodily substances for re-examination
Chapter V DNA Data Bank
25. Establishment of DNA Data Bank
26. Maintenance of indices by DNA Data Bank
27. DNA Data Bank Director
28. Officers and other employees Officers and other employees
29. Comparison and communication of DNA profile
30. Sharing of DNA profiles with and by foreign Government or Organisation or institution or agencies
31. Retention and expunction of records
Chapter VI Confidentiality of and Access to DNA Profiles, Samples and Records
32. Confidentiality of DNA profiles, DNA samples and records
33. Use of DNA profiles, DNA samples and records for facilitating identification of persons
34. Availability of DNA profiles, DNA samples and records in certain cases
35. Access to information for operation, maintenance and training
36. Access to information in DNA Data Bank for one time keyboard search
37. Restriction on access to information in DNA Data Bank
38. Prohibition on unauthorised use of information of DNA profiles, samples and data identification records
Chapter VII Finance, Accounts Audit and Reports
39. Grants by Central Government
40. DNA Profiling Board Fund
41. Budget
42. Annual Report
43. Accounts and Audit of Board
44. Annual report and auditor's report to be laid before Parliament
Chapter VIII Offences and Penalties
45. Penalties for unauthorised disclosure of information in DNA Data Bank
46. Penalties for obtaining information from DNA Data Bank without authorization
47. Penalties for unlawful access to information in DNA Data, Bank
48. Penalties for providing or using DNA sample or result without authorization
49. Destruction, alterations, contamination, tampering with biological evidence
50. Offences by companies or institutions
Chapter IX Miscellaneous
51. Chairperson, Members, Officers to be public servants
52. Protection of Action taken in good faith
53. Power of Central Government to supersede Board
54. Power of Central Government to issue directions
55. Power of Central Government to vary or amend Schedule
56. Courts not to have jurisdiction
57. Power of Central Government to make rules
58. Power of Board to make regulations
59. Rules and regulations to be laid before Parliament
60. Power to remove difficulties
Schedule
List of matters for DNA testing


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