Section 184 BNSS: Medical examination of victim of rape (Formerly Section 164A CrPC)

Section 184 of Bharatiya Nagarik Suraksha Sanhita, 2023: Medical examination of victim of rape

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, 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) the description of material taken from the person of the woman for DNA profiling;

(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, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) 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 respectively assigned to them in section 51.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 184

Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates the prompt and dignified medical examination of victims of rape and sexual assault.

Procedural Mechanism: Section 184 prescribes the statutory procedure for the medical examination of a female against whom rape or sexual assault is alleged to have been committed or attempted.
Sub-Section (1): Government: Under sub-section (1), the victim shall be examined by a registered medical practitioner employed in a hospital run by the Government or local authority, or by any registered medical practitioner with the consent of the woman or competent guardian, within twenty-four hours from the receipt of information.
Sub-Section (2) Provision: Sub-section (2) requires a detailed medical report documenting physical and mental state, marks of violence, condition of genitalia, DNA sampling, and biological specimens.

The report must state the exact reasons for each conclusion and be forwarded forthwith to the investigating officer and Magistrate.

Key Landmark Precedents:

State of Punjab v. Ramdev Singh (2004) 1 SCC 421: The Supreme Court held that prompt medical examination of the victim is crucial for preserving DNA, documenting trauma, and corroborating oral testimony, though delay caused by police laxity cannot discredit a truthful victim.
State of U.P. v. Chhotey Lal (2011) 2 SCC 550: Affirmed that the absence of physical injury on the victim does not disprove rape, but comprehensive forensic and DNA reporting under Section 164A CrPC (Sec 184 BNSS) is an indispensable investigative duty.

Legal Commentary:

Section 184 protects the dignity and bodily integrity of sexual assault survivors while securing vital forensic evidence. The strict 24-hour statutory timeline prevents the loss of perishable DNA and bodily evidence, and medical reports must strictly avoid archaic or banned practices such as the 'two-finger test'.