Examination of person accused of rape by medical practitioner.
- (1) When a person is arrested on a charge of committing an offence of rape or an
attempt to commit rape and there are reasonable grounds for believing that an examination
of his person will afford evidence as to the commission of such offence, it shall be lawful for
a registered medical practitioner employed in a hospital run by the Government or by a local
authority and in the absence of such a practitioner within the radius of sixteen kilometres
from the place where the offence has been committed, by any other registered medical
practitioner, acting at the request of any police officer, and for any person acting in good
faith in his aid and under his direction, to make such an examination of the arrested person
and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without
any delay, examine such person and prepare a report of his examination giving the following
particulars, namely:—
(i) the name and address of the accused and of the person by whom he was
brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA
profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be
noted in the report.
(5) The registered medical practitioner shall, without any delay, 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.
Read also Section 49 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS