Is it legal to do a DNA test without court permission - FREE - An Overview

January 16,2019: The Author, Teresa Dhar is a 2nd Year, BA.LLB (H) student of Chanakya National Law University. She is presently interning with WHAT IS DNA TESTING? DNA (Deoxyribonucleic Acid)is the genetic product in people and almost all other organisms. It consists of all info required for building and preserving an organism.

On the other hand, DNA testing is a series of procedure in which DNA is extracted from the blood sample of a patient and is utilized for verification, identification and other practical applications such as Parental testing i. e, indentifying the parent/s of the kid, Forensic screening i. e, determining the suspects, wrongdoers or victims of a criminal activity, Gene therapy i.

e, determining more about one's ancestry. DNA SCREENING UNDER INDIAN CRIMINAL LAW The method of DNA profiling used today in India is based upon polymerase chain reaction (PCR) and uses short tandem repeats (STR). These techniques have reinvented the speed and efficiency of the DNA test. These methods are very trusted and are in style in various nations.

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Lalji Singh is thought about to be the "Dad of DNA fingerprinting" in India, He established and used the technology in India for the very first time in 1988. We have couple of legal arrangements in India that mandate DNA screening for particular functions. Such as the Section 164A of the Indian Code of Bad guy Treatment which mandates collection of human material from the victim of a rape case for forensic testing.

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Likewise, we have the section 53 of Code of Criminal Procedure,1973 which authorizes a law enforcement officer to get the help of a medical practitioner in analyzing the individual implicated of rape, in great faith for the purpose of the examination.5 But, it doesn't make it possible for a plaintiff to gather blood, semen and so on

The change of Cr. P.  Learn More Here  by the Cr. P. C. (Amendment) Act, 2005 has brought two new sections which license the examining officer to gather DNA sample from the body of the accused and the victim with the assistance of medical professional. These sections permit assessment of person accused of rape by doctor and the medical checkup of the rape victim respectively.