DNA Technology (Use and Application) Bill of 2019 :
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The Bill provides for the regulation of use of DNA technology for establishing the identity of certain persons.
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Use of DNA Data:
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Under the Bill, DNA testing is allowed only in respect of matters listed in the Schedule to the Bill.
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These include offences under the Indian Penal Code, 1860, and for civil matters such as paternity suits.
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Further, the Schedule includes DNA testing for matters related to establishment of individual identity.
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The bill also proposes a written consent by individuals be obtained before collection of their DNA samples. However, consent is not required for offences with punishment of more than seven years in jail or death.
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DNA Data Bank:
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The Bill provides for the establishment of a National DNA Data Bank and Regional DNA Data Banks, for every state, or two or more states.
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DNA laboratories are required to share DNA data prepared by them with the National and Regional DNA Data Banks.
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Removal of DNA profiles:
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The Bill states that the criteria for entry, retention, or removal of the DNA profile will be specified by regulations.
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However, the Bill provides for removal of the DNA profiles of the following persons: (i) of a suspect if a police report is filed or court order given, (ii) of an undertrial if a court order is given, and (iii) on written request, for persons who are not a suspect, offender or undertrial, from the crime scene or missing persons’ index.
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