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Report No. 84

4.11. Medical examination of the victim of rape.-

In regard to the examination of the person of the accused, section 53(2) of the Code of Criminal Procedure provides that whenever the person of a female is to be examined under that section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. The question whether a provision should be inserted to the effect that where a female victim of a sexual offence is to be examined, the medical examination shall be conducted only by a female medical practitioner has been carefully considered by us.

We think that a statutory provision is not necessary, for two reasons. In the first place, this is almost the invariable practice in India and a statutory mandate is not needed. In the second place, if a female victim does not wish to submit to examination by a male doctor, there is no legal obligation on her part to do so. For that reason also, a statutory provision is not necessary. It may be mentioned that such medical examination cannot be lawfully made without the consent of the woman or of some person competent to give consent.1

1. Para. 4.10, supra.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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