Chapter XII
Section 164A CrPC: Medical examination of the victim of rape
New Law Update (2024)
Section 192 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 164A(1)
This sub-section mandates that a medical examination of a rape victim must be conducted by a registered medical practitioner, with explicit consent, and crucially, within twenty-four hours of receiving information about the offence.
Section 164A(2)
This part specifies the essential details that the medical examination report must contain, including the victim’s personal information, descriptions of material taken for DNA profiling, any injuries observed, and her general mental condition.
Landmark Judgements
Lilu Rajak & Anr. v. The State of Bihar (2019):
The Supreme Court emphasized the mandatory nature and critical importance of a swift and sensitive medical examination of a rape victim under Section 164A CrPC, highlighting that any delay or failure could prejudice the prosecution’s case.
Nipun Saxena v. Union of India (2018):
While primarily concerning child victims under POCSO, this Supreme Court judgment laid down comprehensive guidelines for the sensitive and child-friendly conduct of medical examinations in sexual assault cases, reinforcing principles relevant to Section 164A CrPC such as consent and timely reporting.
State of Punjab v. Ramdev Singh (2004):
This case, though predating the insertion of Section 164A, underscores the crucial role of immediate medical examination of the victim and accused in sexual assault cases for collecting vital evidence and preventing its destruction, emphasizing meticulous documentation by medical professionals.