(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.
Bharatiya Nagarik Suraksha Sanhita
Section 184
Medical examination of victim of rape
⚡ Quick Answer Reference: Section 184 BNSS
- Provision: Section 184 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: This section requires a medical examination of a woman who is alleged to have been raped or attempted to be raped. The examination must be conducted by a registered medical practitioner within 24 hours of receiving the information, with the woman's consent. The practitioner must prepare a detailed report of the examination, including the woman's age, any injuries, and her mental condition.
What does Section 184 of BNSS say?
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What does Section 184 of BNSS mean?
Plain English Explanation
This section requires a medical examination of a woman who is alleged to have been raped or attempted to be raped. The examination must be conducted by a registered medical practitioner within 24 hours of receiving the information, with the woman's consent. The practitioner must prepare a detailed report of the examination, including the woman's age, any injuries, and her mental condition.
Practical Interpretation
In practice, this section means that the police or other authorities must arrange for a medical examination of the woman as soon as possible after receiving information about the alleged rape. The examination must be conducted by a qualified medical practitioner, and the woman's consent is required. The practitioner must then prepare a detailed report of the examination, which will be used as evidence in any subsequent investigation or trial.
Core Legal Purpose
The core purpose of this section is to ensure that women who are alleged to have been raped or attempted to be raped receive a thorough medical examination as soon as possible. This examination is crucial in gathering evidence and providing medical care to the woman. The section also ensures that the examination is conducted in a way that respects the woman's autonomy and dignity.
- •The woman must be sent to a registered medical practitioner within 24 hours of receiving the information about the alleged rape.
- •The examination must be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority, or any other registered medical practitioner with the woman's consent.
- •The report must include the woman's age, any injuries, and her mental condition.
- •The woman's consent is required for the examination.
Practical Example of Section 184 BNSS
Rajesh, a police officer, receives information about a woman named Priya who has been allegedly raped. Rajesh arranges for Priya to be sent to a registered medical practitioner, Dr. Amit, within 24 hours. Dr. Amit conducts a thorough examination of Priya and prepares a detailed report, including her age, any injuries, and her mental condition. The report is then sent to the investigating officer, who forwards it to the Magistrate as part of the documents in the case.
Frequently Asked Questions about Section 184 BNSS
Q: What is the punishment or consequence under Section 184 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it requires a medical examination of a woman who is alleged to have been raped or attempted to be raped, regardless of the circumstances.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create a criminal offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 184 BNSS
What is Section 184 of BNSS?
Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Medical examination of victim of rape". In plain terms: This section requires a medical examination of a woman who is alleged to have been raped or attempted to be raped. The examination must be conducted by a registered medical practitioner within 24 hours of receiving the information, with the woman's consent. The practitioner must prepare a detailed report of the examination, including the woman's age, any injuries, and her mental condition.
What is the punishment under Section 184 of BNSS?
Section 184 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 184 of BNSS bailable or non-bailable?
Whether Section 184 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 184 of BNSS?
The essential elements of Section 184 of BNSS are: The woman must be sent to a registered medical practitioner within 24 hours of receiving the information about the alleged rape.; The examination must be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority, or any other registered medical practitioner with the woman's consent.; The report must include the woman's age, any injuries, and her mental condition..
Landmark Judgments under Section 184 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 184
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