Examination of person accused of rape by medical practitioner
AI Assist
Summary
If someone is arrested for rape or an attempt and a medical exam may produce evidence, a registered medical practitioner in a government or local-authority hospital may examine them on a police officer's request; if none is available within 16 kilometres, any other registered practitioner may. Assistants acting in good faith may help and reasonable force may be used. The practitioner must promptly prepare a written report recording identity, age, injuries, material taken for DNA, reasons for conclusions and exact start and end times, and send it to the investigating officer to forward to the Magistrate.
Example
Rohan is arrested on suspicion of attempting to rape Priya. The police ask the government hospital doctor within 5 kilometres to examine Rohan; the doctor collects swabs, notes injuries and exact start and end times, explains the reasons for each conclusion in the report, and sends it to the investigating officer who forwards it to the Magistrate.
Bare Act
Enacted text(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:-
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
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