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Code of Criminal Procedure, 1973

Section 164A

Medical examination of the victim of rape

Quick Answer Reference: Section 164A CrPC

  • Provision: Section 164A of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 164A of CrPC say?

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. 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— the name and address of the woman and of the person by whom she was brought; the age of the woman; the description of material taken from the person of the woman for DNA profiling; marks of injury, if any, on the person of the woman; general mental condition of the woman; and other material particulars in reasonable detail, The report shall state precisely the reasons for each conclusion arrived at. 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. The exact time of commencement and completion of the examination shall also be noted in the report. The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of Sub-Section (5) of that section. 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.

Indian StandardSection 164A, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 164A (India)
Court Pleading StandardSection 164A of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/164a

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 164A CrPC

What is Section 164A of CrPC?

Section 164A of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Medical examination of the victim of rape". The section states: 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...

What is the punishment under Section 164A of CrPC?

Section 164A of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 164A of CrPC bailable or non-bailable?

Whether Section 164A of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 164A CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)