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PROCEDURE TO DO MEDICAL EXAMINATION OF VICTIM OF RAPE

Section 164-A Cr.P.C. deals with medical examination of the victim of rape.

While the rape was said to have committed and or an attempt was made, the concerned woman must be subjected to medical examination by the registered medical practitioner employed in a government hospital or a hospital run by the local authority, if not, then with the consent of the woman and or with the consent of her guardian she must be sent to registered medical practitioner within 24 hours from the time of receiving such information of commission of offence.

The registered medical practitioner who receives the woman without delay put her into examination and prepare a report of his examination in a preset format.

The report must specifically answer to each of the question set in the questionnaire [format] and how he arrives at its conclusion.

The report must also contain that he has obtained the consent of the woman and or her guardian.

The report must also contain the commencement and completion time of the examination on the woman.

The examining practitioner upon completing the report must be sent it to the concerned Police and who in turn forward it to the Jurisdiction Magistrate and which shall part of the chargesheet filed under Section 173 of Cr.P.C.

Any examination conducted on the woman without taking hers or her guardian consent is unlawful.

[The words “examination” and registered medical practitioner has the same meaning given in Section 53 of Cr.P.C.]

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