Description

1. Examination by a Medical Expert:

   • During the investigation stage of an offence involving rape or attempt to commit rape, if a medical examination of the victim is required, it shall be conducted by:
     • A registered medical practitioner employed in a government or local authority hospital.
     • If no such practitioner is available, any other registered medical practitioner may conduct the examination.
   • The examination shall be conducted only with the consent of:
     • The woman herself, or
     • A competent person authorized to give consent on her behalf.
   • The woman shall be sent for medical examination within 24 hours from the time of receiving information about the offence.

2. Preparation of Medical Report:

   • The medical practitioner shall examine the woman without delay and prepare a report, including the following details:
     1. Name and address of the woman and the person who brought her.
     2. Age of the woman.
     3. Description of material collected for DNA profiling.
     4. Marks of injury, if any, on the woman’s body.
     5. General mental condition of the woman.
     6. Any other relevant details in reasonable detail.
   • The report must clearly state the reasons for each conclusion drawn.
   • It must specifically record that consent was obtained from the woman or a competent person on her behalf.
   • The exact time of commencement and completion of the examination shall also be recorded.

3. Submission of the Report:

   • The medical practitioner shall immediately forward the report to the investigating officer.
   • The investigating officer shall then submit the report to the Magistrate under Section 173, as part of the documents required under Sub-Section (5), Clause (a) of that section.

4. Consent Requirement & Legal Protection:

   • No medical examination shall be conducted without the consent of the woman or a competent person acting on her behalf.
   • This section does not authorize any examination that violates the woman’s right to consent.