1[164A. Medical examination of the victim of rape.-- (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, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) 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 in section 53.]
STATE AMENDMENTS
Chhattisgarh.
In Section 164A, except explanation clause, of the Code, for the words
"registered medical practitioner", where it occurs for the first time, the words
"female registered medical practitioner" shall be substituted.
[Vide Chhattisgarh Act 25 of 2015 s. 10.]
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1. Ins. by Act 25 of 2005, s. 17 (w.e.f. 23-6-2006).
Code of Criminal Procedure (CrPC)
161 CrPC Examination of witnesses by police
162 CrPC Statements to police not to be signed: Use of statements in evidence
163 CrPC No inducement to be offered
164 CrPC Recording of confessions and statements
164A CrPC Medical examination of the victim of rape
165 CrPC Search by police officer
166 CrPC When officer in charge of police station may require another to issue search-warrant
167 CrPC Procedure when investigation cannot be completed in twenty-four hours
168 CrPC Report of investigation by subordinate police officer
169 CrPC Release of accused when evidence deficient
170 CrPC Cases to be sent to Magistrate, when evidence is sufficient