Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 184: BNSS Medical Examination of the Victim of Rape
(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, within a period of seven days 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.
(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 respectively assigned to them in section 51.
Brefe Detail
This section outlines the procedures for conducting medical examinations of women who are victims of alleged rape. It specifies the responsibilities of registered medical practitioners, the requirements for consent, and the details to be included in the examination report. Timeliness and the preservation of the victim's rights are emphasized throughout.
Question & Answers
Q1: Who conducts the medical examination of the victim?
A1: The examination must be conducted by a registered medical practitioner employed in a government or local authority hospital. In their absence, another registered practitioner may conduct the examination.
Q2: What is the time frame for sending the victim for examination?
A2: The victim must be sent to the registered medical practitioner within twenty-four hours of receiving information about the offence.
Q3: What details must be included in the medical report?
A3: The report must include the name and address of the woman, her age, DNA material taken, any marks of injury, her general mental condition, and other material particulars.
Q4: Is consent required for the medical examination?
A4: Yes, consent must be obtained from the woman or a person competent to give consent on her behalf.
Q5: What is the deadline for forwarding the examination report?
A5: The registered medical practitioner must forward the report to the investigating officer within seven days.
Example
1. A woman reports an alleged rape, and the police ensure she is examined by a registered medical practitioner within twenty-four hours.
2. The medical report details the victim's injuries and mental state and is forwarded to the investigating officer within the stipulated time frame.
3. Consent is obtained from the victim before any examination, ensuring her rights are protected.
Summary
Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a comprehensive framework for the medical examination of rape victims, emphasizing the need for consent, timely action, and thorough documentation. It ensures that the victim's dignity and rights are upheld throughout the investigative process.
