Section 7: Duties of medical facilities

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2005

Legal Commentary & Landmark Judgments: Section 7

Section 7 mandates that persons in charge of medical facilities must provide immediate medical aid, treatment, and accurate medicolegal documentation to any aggrieved woman upon request, without bureaucratic delay.

  • Mandatory Medical Treatment: Persons in charge of public or private medical facilities must provide medical aid to the aggrieved woman on her request or upon request by a Protection Officer or service provider.
  • Free Copy of Medical Report: The medical facility must prepare a detailed medical report documenting injuries, trauma, or poisoning and provide a free copy directly to the aggrieved woman.
  • Transmission to Protection Officer: A copy of the medical report must be forwarded directly to the Protection Officer for incorporation into the statutory Domestic Incident Report (DIR).
Key Landmark Precedents:
  • Kamlesh Devi v. Jaipal (2019) 8 SCC 745: The Supreme Court observed that medical reports prepared under Section 7 provide critical objective contemporaneous corroboration of physical assault in domestic violence proceedings.
  • State of Karnataka v. Manjanna (2000) 6 SCC 188: Held that medical professionals are bound by medical ethics and statutory mandates to attend to domestic and sexual violence victims immediately, without waiting for police clearance or formal medico-legal case (MLC) formalities.
Courtroom Practice & Strategic Litigation Guidance:

Always obtain a certified copy of the Section 7 medical report directly from the hospital. In court, produce the medical prescription slips and injury sheets along with the Section 12 petition to substantiate the prayer for ex-parte ad-interim protection orders under Section 23.