Report No. 154
18. Insertion of new section 53B: Medical examination of the victim of rape
Do you agree that a new section 53B as follows be inserted in the Code to provide for a medical examination of the victim of a rape 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, as laid down in clause 19 of the Code of Criminal Procedure (Amendment) Bill, 1994:
"53B(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 forwarded to such registered medical practitioner without delay.
(2) The registered medical practitioner, to whom such woman is forwarded, 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) whether the woman was previously used to sexual intercourse;
(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 53A"?