| 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 |
