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The State Health Department has issued directions to all government and private doctors, and registered medical practitioners to provide medical reports of rape victims within seven days.
"With reference to the statutory provisions under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to be implemented with effect from 01.07.2024, every victim woman with whom rape is alleged or attempted to have been committed or attempted shall be examined by a Doctor / Medical Practitioner of the hospitals, public or private, whether run by the Central Government, State Government, Local bodies or any other person with the consent of such woman or any person competent to give such consent on her behalf," read an official letter of the department.
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"Besides, Sec. 53(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for furnishing a copy of the medical examination report to the arrested person or the person nominated by such arrested person after his / her medical examination. Sec. 397 also contains categorical provision for medical examination of victims, free of cost, of any offence covered under Sections 64, 65, 66, 67, 68, 70, 71 or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 or under Sections 4, 6, 8 or Section 10 of the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the police of such incident," it further read.
To elucidate the details of the above provisions, the following instructions have been notified:
1. Any victim of rape against whom rape is alleged or attempted to have been committed or attempted, produced before the Doctor by a Police Officer shall be medically examined forthwith without any undue delay.
2. The delay, if any and the reasons thereof shall be mentioned in the register and in the examination report.
3. The exact time of commencement and completion of the examination shall also be noted in the report.
4. The Doctor/Registered Medical Practitioner shall forward the examination report to the Investigating Officer within a period of seven days after medical examination of the victim woman.
5. Express consent of the victim woman will be taken by the Doctor / Registered Medical Practitioner, other than the age under twelve years.
6. If age of the victim woman is under twelve years, her parents or guardian present will give consent for her medical examination.
