BNSS Section 184: Medical examination of victim of rape
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 13: Information to the Police and Their Powers to Investigate
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184.
(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.
(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.—For the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as respectively assigned to them in section 51.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 173. Information in cognizable cases
- 174. Information as to non-cognizable cases and investigation of such cases
- 175. Police officer's power to investigate cognizable case
- 176. Procedure for investigation
- 177. Report how submitted
- 178. Power to hold investigation or preliminary inquiry
- 179. Police officer's power to require attendance of witnesses
- 180. Examination of witnesses by police
- 181. Statements to police and use thereof
- 182. No inducement to be offered
- 183. Recording of confessions and statements
- 185. Search by police officer
- 186. When officer in charge of police station may require another to issue search-warrant
- 187. Procedure when investigation cannot be completed in twenty-four hours
- 188. Report of investigation by subordinate police officer
- 189. Release of accused when evidence deficient
- 190. Cases to be sent to Magistrate, when evidence is sufficient
- 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- 192. Diary of proceedings in investigation
- 193. Report of police officer on completion of investigation
- 194. Police to enquire and report on suicide, etc
- 195. Power to summon persons
- 196. Inquiry by Magistrate into cause of death