Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 184
Medical examination of victim of rape
In one line
BNSS Section 184 deals with medical examination of victim of rape and replaces CrPC 164A.
Bare act text — BNSS 184
184. Medical examination of victim of rape.
(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.
What changed from the CrPC
- CrPC 164A → BNSS 184: "without delay" is replaced by "Within a period of seven days" for medical practitioner to forward the report to Investigating officer.
Frequently asked
What was BNSS Section 184 in the CrPC?
BNSS Section 184 (Medical examination of victim of rape) replaces Section 164A of the Code of Criminal Procedure, 1973. CrPC 164A is now BNSS 184.
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Nearby BNSS sections
- BNSS 179 — Police officer's power to require attendance of witnesses
- BNSS 180 — Examination of witnesses by police
- BNSS 181 — Statements to police and use thereof
- BNSS 182 — No inducement to be offered
- BNSS 183 — Recording of confessions and statements
- BNSS 185 — Search by police officer
- BNSS 186 — When officer in charge of police station may require another to issue search-warrant
- BNSS 187 — Procedure when investigation cannot be completed in twenty-four hours
- BNSS 188 — Report of investigation by subordinate police officer
- BNSS 189 — Release of accused when evidence deficient
