Section 164A CrPC: Medical examination of the victim of rape

What Section 164A CrPC Says

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 sub-section (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.

Source: Section 164A, Code of Criminal Procedure, 1973

Section 164A CrPC in Simple Words

When Section 164A CrPC Applies

• 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.

Time Limits Under Section 164A CrPC

• 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”

Example of Section 164A CrPC

When Section 164A CrPC Does Not Apply

• Section 164A CrPC speaks of the medical examination of the woman with whom rape is alleged or attempted. It does not deal with the examination of an accused by a medical practitioner, which Section 53 CrPC covers under the heading Examination of accused by medical practitioner at the request of police officer.
• Section 164A CrPC speaks of the report of the registered medical practitioner. It does not deal with the report of the police officer to the Magistrate, which Section 173 CrPC covers under the heading Report of police officer on completion of investigation.

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