Section 27 POCSO: Medical examination of a child

Protection of Children from Sexual Offences Act, 2012

Section 27 POCSO at a Glance

Section 27 POCSO sets the rules for the medical examination of a child victim, even when no FIR or complaint is registered. It requires a woman doctor for a girl child and the presence of a parent, trusted person, or nominated woman.

Section 27 POCSO Bare Act Text

27. Medical examination of a child.
(1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.

Section 27 POCSO in Simple Words

Section 27 POCSO sets the rules for conducting the medical examination of a child in respect of whom any offence under POCSO has been committed. Under Section 27(1) POCSO, the medical examination must be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973, even if a First Information Report (FIR) or a complaint has not been registered for the offences under POCSO. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024. The official text prints "(2 of 1973)"; the sense is "(2 of 1974)", the Code's Act number.

Under Section 27(2) POCSO, in case the victim is a girl child, the medical examination must be conducted by a woman doctor.

Under Section 27(3) POCSO, the medical examination must be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence. Under Section 27(4) POCSO, if the parent of the child or the other person referred to in Section 27(3) POCSO cannot be present for any reason during the medical examination of the child, the medical examination must be conducted in the presence of a woman nominated by the head of the medical institution.

When Section 27 POCSO Applies

Examination conducted even without an FIR or complaint: The medical examination of a child in respect of whom any offence under POCSO has been committed must be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973, notwithstanding that an FIR or complaint has not been registered (Section 27(1) POCSO).
Woman doctor for a girl child: In case the victim is a girl child, the medical examination must be conducted by a woman doctor (Section 27(2) POCSO).
Presence of parent or trusted person: The medical examination must be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence (Section 27(3) POCSO).
Presence of a woman nominated by the head of the medical institution: Where the parent or other trusted person referred to in Section 27(3) POCSO cannot be present for any reason, the medical examination must be conducted in the presence of a woman nominated by the head of the medical institution (Section 27(4) POCSO).

Example of Section 27 POCSO

A 14-year-old girl student is brought to a hospital in Agra after an offence under POCSO is committed against the child, before any First Information Report or complaint is registered with the police. Under Section 27(1) POCSO, the hospital conducts the medical examination in accordance with section 164A of the Code of Criminal Procedure, 1973 without waiting for an FIR or complaint to be registered. Because the victim is a girl child, Dr. Lakshmi, a woman doctor, conducts the examination as required by Section 27(2) POCSO. Because the child's parents are out of town and no other trusted person can be present, the head of the hospital nominates Nisha, a woman staff member, to remain present during the examination under Section 27(4) POCSO.

FAQs on Section 27 POCSO

What is Section 27 POCSO?▼

Section 27 POCSO sets the procedure for the medical examination of a child in respect of whom any offence under POCSO has been committed. It covers conducting the examination even without a registered FIR or complaint, requiring a woman doctor for a girl child, and ensuring a parent, trusted person, or nominated woman is present.

Can a medical examination be conducted under Section 27 POCSO before an FIR or complaint is registered?▼

Yes. Under Section 27(1) POCSO, the medical examination must be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973 notwithstanding that a First Information Report or complaint has not been registered for the offences under POCSO.

Who must conduct the medical examination of a girl child under Section 27 POCSO?▼

A woman doctor must conduct the examination. Section 27(2) POCSO states that in case the victim is a girl child, the medical examination must be conducted by a woman doctor.

Who must be present during the child's medical examination under Section 27 POCSO?▼

The parent of the child or any other person in whom the child reposes trust or confidence must be present under Section 27(3) POCSO. If neither can be present for any reason, Section 27(4) POCSO requires the examination to be conducted in the presence of a woman nominated by the head of the medical institution.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·