Section 184 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Medical Examination Of Victim Of Rape.

Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) – 2020 (Rape and Sexual Assault)

This section of the BNSS deals with the medical examination of a woman who has been alleged to have been subjected to rape or attempted rape.

Code:

(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.

Code: (3)-(7)

(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:

1. Sub-section (1) states that when a rape or attempted rape case is being investigated, the medical examination of the alleged victim can only be conducted with her consent or the consent of a person competent to give consent on her behalf. This examination must be conducted by a registered medical practitioner employed in a government or local authority run hospital, or in their absence, by any other registered medical practitioner. The woman must be sent to the medical practitioner within 24 hours of receiving information about the crime.
2. Sub-section (2) outlines the details that must be included in the medical examination report. These details include the woman’s name and address, the person who brought her to the hospital, her age, a description of any material taken for DNA profiling, any injuries, her mental condition, and other relevant particulars.
3. Sub-section (3) mandates that the report must clearly state the reasons for each conclusion reached by the medical practitioner.
4. Sub-section (4) requires the medical practitioner to explicitly record that the consent of the woman or the person authorized to consent on her behalf was obtained before the examination.
5. Sub-section (5) dictates that the exact time of the examination’s commencement and completion must be recorded in the report.
6. Sub-section (6) states that the medical practitioner must forward the report to the investigating officer within 7 days. The officer then sends the report to the Magistrate as part of the case documents.
7. Sub-section (7) emphasizes that no medical examination can be conducted without the woman’s consent or the consent of a person authorized to give consent on her behalf.
8. Explanation: The section clarifies that the terms “examination” and “registered medical practitioner” are defined in Section 51 of the BNSS.

Illustration:

Imagine a woman named Priya reports a rape case. The police, upon receiving the complaint, decide to have her medically examined. As per Section 184, the medical examination of a woman alleged to be a victim of rape can only proceed with Priya’s consent. Furthermore, this examination must be conducted by a registered medical practitioner employed in a government hospital. In cases where such a practitioner is unavailable, another registered medical practitioner may conduct the examination, provided consent is still obtained.  The medical practitioner will prepare a report documenting Priya’s injuries, any material collected for DNA testing, and her mental condition. The report must be submitted to the police within 7 days.

Common Questions and Answers:

1. Q: Can the police force a woman to undergo a medical examination?
   A: No, Section 184 explicitly requires the consent of the woman or a person authorized to consent on her behalf.
2. Q: Who can conduct the medical examination?
   A: Only a registered medical practitioner employed in a government or local authority run hospital. If such a practitioner is unavailable, any other registered medical practitioner.
3. Q: What information must be included in the medical examination report?
   A: Sub-section (2) lists the required details, including the woman’s identity, age, injuries, mental state, and any material collected for DNA analysis.
4. Q: What is the time limit for forwarding the medical report to the investigating officer?
   A: The report must be forwarded within 7 days of the examination.