DNA Technology (Use and Application) Regulation Bill - 2019

The DNA Technology (Use and Application) Regulation Bill, 2019 was introduced in Lok Sabha on July 8, 2019. The Bill provides for the regulation of use of DNA technology for establishing the identity of certain persons.

Highlights of the Bill: The Bill regulates the use of DNA technology for establishing the identity of persons in respect of matters listed in a Schedule. These include criminal matters (such as offences under the Indian Penal Code, 1860), and civil matters such as parentage disputes, emigration or immigration, and transplantation of human organs.

• While preparing a DNA profile, bodily substances of persons may be collected by the investigating authorities. However, authorities are required to obtain consent for collection in certain situations.
• The Bill establishes a National DNA Data Bank and Regional DNA Data Banks. Every Data Bank will maintain the following indices:
  1. crime scene index,
  2. suspects’ or undertrials’ index,
  3. offenders’ index,
  4. missing persons’ index, and
  5. unknown deceased persons’ index.
• The Bill establishes a DNA Regulatory Board. Every DNA laboratory that analyses a DNA sample to establish the identity of an individual has to be accredited by the Board.
• Written consent by individuals is required to collect DNA samples from them. Consent is not required for offences with punishment of more than seven years of imprisonment or death.
• The Bill provides for the removal of DNA profiles of suspects on filing of a police report or court order, and of undertrials on the basis of a court order. Profiles in the crime scene and missing persons’ index will be removed on a written request.
• The Bill specifies penalties for various offences, including for disclosure of DNA information, or using DNA sample without authorization.