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:

Section 184:

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, they can only do so with Priya’s consent, and the examination must be conducted by a registered medical practitioner employed in a government hospital or by another registered medical practitioner if such a practitioner is unavailable. 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 or, 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.