Section 164A was inserted into the Code of Criminal Procedure in 2005 to make provision for the medical examination of victims of rape or of attempted rape. It came into effect on June 23, 2006.

The language used in this Section is gender specific and literally refers only to female victims of rape.

Who Can Conduct the Examination

If it is proposed to get the woman who has been subjected to the offence medically examined, the examination should be conducted by a registered medical practitioner who is employed at a hospital or at a hospital which is run by a local authority.

However, if such a doctor is not available, any other registered medical practitioner may conduct the examination.

A registered medical practitioner is one whose name has been entered in the State Medical Register according to Section 53 of the Code.

Consent

The examination can only be conducted with the consent of either the victim herself or the consent of someone who is competent to give such consent on her behalf. An examination which is conducted without such consent is not lawful.

The woman must be sent to the doctor who is to conduct the examination within twenty-four hours after the police receive information regarding the offence.

The Examination

The examination can be carried out when the offence is being investigated. It may include the examination of blood, blood stains, swabs, sputum, sweat, etc., by the use of modern and scientific techniques including DNA profiling and any other tests which the doctor may think are necessary.

When a woman is sent to a registered medical practitioner to be examined in these circumstances, the doctor is required to examine her without delay and once he has examined her, prepare a report of the findings of the examination.

The Report

The report must state exactly when the examination began and ended. In addition to this, it must clearly identify the woman, describe the material taken from her person for DNA profiling, list marks or injuries on her person, record her general mental condition and mention other material particulars in reasonable detail. The doctor must give reasons for each his conclusions.

After the report has been written, the doctor is required to forward it to the Investigation Officer involved in the case. The IO then forwards it to the Magistrate empowered to take cognizance of the offence on a police report.

The report of the doctor’s examination is considered to be one of the documents on which the prosecution hopes to rely on at trial.