Section 27: Medical examination of a child

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
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Act 2012
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Legal Commentary & Landmark Judgments: Section 27

Section 27 governs the forensic medical examination of child victims, establishing mandatory medical protocols, timelines, and compassionate care standards.

  • Female Doctor Requirement: Where the victim is a girl child, the medical examination must be conducted exclusively by a woman medical practitioner.
  • Parental or Guardian Presence: The examination must be conducted in the presence of the child's parent, trusted guardian, or nominated female social worker.
  • Immediate Emergency Treatment: Mandates that immediate emergency medical care must be rendered free of cost without waiting for formal police requisitions or FIRs.
  • Forensic Evidence Preservation: Specifies strict chain-of-custody protocols for collecting DNA swabs, serological samples, and biological exhibits for forensic laboratory analysis.

Section 27 transforms medical examination from a traumatic forensic ordeal into a restorative medical intervention, prioritizing child health alongside exhibit collection.

Key Landmark Precedents:
  • State of Jharkhand v. Shailendra Kumar Rai (2022) SCC OnLine SC 1494: Held that the 'two-finger test' violates the dignity and bodily integrity of victims, directing criminal penalties against doctors practicing it.
Legal Commentary:

Section 27 guarantees compassionate, dignity-affirming medical forensics, ensuring that physical injuries and DNA evidence are collected without subjecting the minor to further trauma.