Report No. 172
7.3.4. Insertion of a new section, namely, section 164A in the Code of Criminal Procedure, 1973.-
We recommend that the following section 164A be inserted in the Code of Criminal Procedure:
"164A. (1) Where, during the stage when any offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E is under investigation and it is proposed to get the victim examined by a medical expert, such examination shall be conducted by a registered medical practitioner, with the consent of the victim or of some person competent to give such consent on his/her behalf. In all cases, the victim should be sent for such examination without any delay.
Provided that if the victim happens to be a female, the medical examination shall be conducted by a female medical officer, as far as possible.
(2) The registered medical practitioner to whom the victim is forwarded shall without delay examine the person and prepare a report specifically recording the result of his examination and giving the following details:
(i) the name and address of the victim and the person by whom he/she was brought,
(ii) the age of the victim,
(iii) marks of injuries, if any, on the person of the victim,
(iv) general mental condition of the victim and
(v) 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 victim or of some person competent to give such consent on his/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, and 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.
(6) Nothing in this section shall be construed as rendering lawful any examination without the consent of the victim or any person competent to give such consent on his/her behalf."
(paragraphs 4.5.1 and 4.5.2, supra)