CrPC 164A to BNSS 184: Medical examination of the victim of rape
Section 164A CrPC (1973) replaced by Section 184 BNSS (2023)
CrPC 164A to BNSS 184 at a Glance
Section 164A CrPC (Medical examination of the victim of rape) is now Section 184 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 164A to BNSS 184?
Section 164A of the Code of Criminal Procedure, 1973 is found in Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 184(6) BNSS says within a period of seven days where Section 164A(6) CrPC said without delay. Section 184(6) BNSS refers to Section 193 BNSS and Section 193(6)(a) BNSS where Section 164A(6) CrPC referred to Section 173 CrPC and Section 173(5)(a) CrPC. The Explanation to Section 184 BNSS refers to Section 51 BNSS where the Explanation to Section 164A CrPC referred to Section 53 CrPC. The rest of the text is the same.
CrPC 164A vs BNSS 184: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 164A | 184 |
| Heading | Medical examination of the victim of rape | Medical examination of victim of rape |
| Sub-sections | 7 sub-sections | Same |
| Cross-references | s.173, s.53 | s.193, s.51 |
CrPC 164A and BNSS 184: Bare Act Text Side by Side
Section 164A, CrPC 1973
Section 184, BNSS 2023
When It Applies: CrPC 164A vs BNSS 184
- Section 164A(1) CrPC applies 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; the 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 the woman or of a person competent to give such consent on her behalf.
- Section 164A(2) CrPC applies to the registered medical practitioner to whom the woman is sent; the registered medical practitioner shall examine her person and prepare a report of the examination giving the particulars listed in Section 164A(2)(i) CrPC to Section 164A(2)(vi) CrPC.
- Section 164A(3) CrPC, Section 164A(4) CrPC and Section 164A(5) CrPC speak of the report. The report shall state precisely the reasons for each conclusion arrived at, shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to the examination had been obtained, and shall note the exact time of commencement and completion of the examination.
- Section 164A(6) CrPC applies to the registered medical practitioner after the report is prepared; 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 CrPC as part of the documents referred to in Section 173(5)(a) CrPC.
- Section 164A(7) CrPC says that nothing in Section 164A CrPC 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.
- Section 184(1) BNSS applies 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; the 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 the woman or of a person competent to give such consent on her behalf.
- Section 184(2) BNSS applies to the registered medical practitioner to whom the woman is sent; the registered medical practitioner shall examine her person and prepare a report of the examination giving the particulars listed in Section 184(2)(i) BNSS to Section 184(2)(vi) BNSS.
- Section 184(3) BNSS, Section 184(4) BNSS and Section 184(5) BNSS speak of the report. The report shall state precisely the reasons for each conclusion arrived at, shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to the examination had been obtained, and shall note the exact time of commencement and completion of the examination.
- Section 184(6) BNSS applies to the registered medical practitioner after the report is prepared; 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 BNSS as part of the documents referred to in Section 193(6)(a) BNSS.
- Section 184(7) BNSS says that nothing in Section 184 BNSS 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.
Time Limits: CrPC 164A to BNSS 184
- Section 164A(1) CrPC says the woman shall be sent to the registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.Act text: “within twenty-four hours from the time of receiving the information relating to the commission of such offence”
- Section 164A(2) CrPC says the registered medical practitioner shall, without delay, examine the person of the woman and prepare a report of the examination.Act text: “shall, without delay, examine her person”
- Section 164A(6) CrPC says the registered medical practitioner shall, without delay forward the report to the investigating officer.Act text: “shall, without delay forward the report to the investigating officer”
- Section 184(1) BNSS says the woman shall be sent to the registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.Act text: “within twenty-four hours from the time of receiving the information relating to the commission of such offence”
- Section 184(2) BNSS says the registered medical practitioner shall, without delay, examine the person of the woman and prepare a report of the examination.Act text: “shall, without delay, examine her person”
- Section 184(6) BNSS says the registered medical practitioner shall, within a period of seven days forward the report to the investigating officer.Act text: “shall, within a period of seven days forward the report to the investigating officer”
What CrPC 164A to BNSS 184 Means in Practice
FAQs: CrPC 164A to BNSS 184
Which BNSS section is Section 164A CrPC from 1 July 2024?▼
Section 184 BNSS. Section 164A(1) CrPC is found in Section 184(1) BNSS, and each later sub-section up to Section 164A(7) CrPC is found in the sub-section of Section 184 BNSS with the same number.
How does the time for forwarding the report differ between Section 164A(6) CrPC and Section 184(6) BNSS?▼
Section 164A(6) CrPC says the registered medical practitioner shall, without delay forward the report to the investigating officer. Section 184(6) BNSS says the registered medical practitioner shall, within a period of seven days forward the report to the investigating officer.
Which provisions do the cross-references in Section 184 BNSS name?▼
Section 184(6) BNSS names Section 193 BNSS and Section 193(6)(a) BNSS, where Section 164A(6) CrPC named Section 173 CrPC and Section 173(5)(a) CrPC. The Explanation to Section 184 BNSS names Section 51 BNSS, where the Explanation to Section 164A CrPC named Section 53 CrPC.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·