Section 6:
Informed consent not required for conducting HIV tests in certain cases.
The informed
consent for conducting an HIV test shall not be required—
(a) where a court determines, by an order that the carrying out of the HIV test of any person
either as part of a medical examination or otherwise, is necessary for the determination of issues in
the matter before it;
(b) for procuring, processing, distribution or use of a human body or any part thereof including
tissues, blood, semen or other body fluids for use in medical research or therapy:
Provided that where the test results are requested by a donor prior to donation, the donor shall be
referred to counselling and testing centre and such donor shall not be entitled to the results of the test
unless he has received post-test counselling from such centre;
(c) for epidemiological or surveillance purposes where the HIV test is anonymous and is not for
the purpose of determining the HIV status of a person:
Provided that persons who are subjects of such epidemiological or surveillance studies shall be
informed of the purposes of such studies; and
(d) for screening purposes in any licensed blood bank.