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Report No. 135

2.5. Section 54, Cr. P.C., 1973, to be amended.-

There is, however, another type of medical examination contemplated by the Code, where the accused himself or herself desires such examination, in order to prove his or her innocence (section 54). It is in this context that the Code needs a small improvement. Where a female accused desires such an examination in order to prove her innocence, she can avail herself of the facility provided in the relevant provision of the Code.

But, at present, the Code is silent as to how far a woman can insist that such examination must be done by a female registered medical practitioner and with strict regard to decency. It could not have been the view of the legislature that such a provision is not needed. But presumably, the matter seems to have escaped notice at the time when the provision was drafted.

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