Examination of person accused of rape by medical practitioner
AI Assist
Summary
On arrest for rape or attempt, a registered medical practitioner in a government or local-authority hospital, or any other registered doctor within 16 km if no such hospital doctor is available, may examine the accused at the request of a police officer not below sub-inspector and may use reasonable force. The doctor must promptly prepare a detailed report (name, address, age, injury marks, material taken for DNA, reasons for conclusions, exact start and end times). The report must be sent without delay to the investigating officer for forwarding to the magistrate.
Example
Ravi is arrested on a charge of attempted rape. A sub-inspector requests a government hospital doctor 8 km away to examine him. The doctor examines Ravi, uses reasonable force when necessary, notes injuries and the material taken for DNA, records start and end times and reasons for conclusions, and sends the report without delay to the investigating officer to be forwarded 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 kilometers from the place where the offence has been committed by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, 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 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 delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of Sub-Section (5) of that section.
Previous year papers
Pick your exam. we'll email the most recent paper.