Medical examination of the victim of rape
AI Assist
Summary
When a rape or attempt is under investigation the woman must be examined by a registered doctor at a government or local hospital, or if none is available, by another registered doctor, and she must be sent within 24 hours of receiving information. The exam must be with her consent (or that of a competent person) and the doctor must promptly record key findings: identity, DNA samples taken, injuries, mental state, reasons for conclusions and exact times. The report is forwarded to the investigating officer and the magistrate. No examination is lawful without consent.
Example
Priya reports to the police that someone tried to rape her. The police send her to a government hospital within 24 hours, the doctor examines her with her consent, collects DNA samples, notes injuries and mental condition, records start and finish times and reasons for conclusions, and the report is sent to the investigating officer and the magistrate.
Bare Act
Enacted text(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.
(2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely-
(i) the name and address of the woman and of the person by whom she was brought;
(ii) the age of the woman;
(iii) the description of material taken from the person of the woman for DNA profiling;
(iv) marks of injury, if any, on the person of the woman;
(v) general mental condition of the woman; and
(vi) other material particulars in reasonable detail,
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The report shall specifically record that the consent of the woman or of the person competent, to give such consent on her behalf to such examination had been obtained.
(5) The exact time of commencement and completion of the examination shall also be noted in the report.
(6) The registered medical practitioner shall, without delay forward the report to 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.
(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
Explanation
– For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as in section 53.
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