Medical examination of rape victim in india. Procedure for Victim’s Medical Examination under CrPC 2022-12-30
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The medical examination of a rape victim in India is a crucial aspect of the legal process, as it provides important evidence that can be used to identify and prosecute the perpetrator. In India, the law requires that a rape victim undergo a medical examination as soon as possible after the incident, and this examination is typically conducted by a trained medical professional, such as a doctor or nurse.
The medical examination of a rape victim in India typically involves a thorough physical examination, as well as the collection of various types of evidence, including samples of blood, urine, and other body fluids. The medical professional may also take photographs of any injuries sustained by the victim, and may collect other physical evidence, such as clothing or bedding, that may contain DNA or other forensic evidence.
The medical examination of a rape victim in India is an extremely sensitive and personal process, and it is important that the victim is treated with the utmost respect and sensitivity throughout the process. It is also important that the victim is provided with emotional support and counseling, as the trauma of the rape can have a lasting impact on their mental and emotional well-being.
In addition to the medical examination, the victim may also be required to undergo a psychological evaluation, which can help to identify any emotional or psychological trauma that may have been caused by the rape. This evaluation may be conducted by a trained psychologist or mental health professional, and can help to ensure that the victim receives the necessary support and treatment to cope with the aftermath of the rape.
Overall, the medical examination of a rape victim in India is an important aspect of the legal process, as it provides crucial evidence that can be used to identify and prosecute the perpetrator. It is essential that the victim is treated with the utmost respect and sensitivity throughout the process, and that they are provided with the necessary support and counseling to help them cope with the trauma of the rape.
Medical examination of rape victims not in accordance with ministry rules: Study
Check for physical assault injuries like grip marks, bite marks, ligature impressions, etc. Medical evidence comprises several aspects and not just swab collection from the body. In any case, the kits cannot guarantee correct results as far as evidence is concerned, and therefore conviction or otherwise should not be only based on medical evidence. The woman must be sent to the doctor who is to conduct the examination within twenty-four hours after the police receive information regarding the offence. A thorough medical examination includes a search for wounds, strangulation marks, or other signs of force. Sometimes small blood droplets might get absorbed into the cloth and hence microscopic examination of the cloth or fabric threads can indicate blood.
Two Finger Test While Examining a Victim of Sexual Offence
The procedure for medical examination of the accused is laid out in Section 53 of the CrPC. Official statistics and reports have evidenced the same. Landmark Judgments Deoman Shamji Patil vs. It not only violates the right of privacy of the victim but it also affects her mental, physical and ethical status. Under Section 173 of the CrPC, the police officer will then send the report to the Magistrate. This causes a lot of psychological and physical trauma due to the stigma attached to rape and medical examination of it in India. Manjanna In the year 2005, Section 164A was amended to the Criminal Procedure Code.
Medical Examination of the Victim under Code of Criminal Pro
The report also said that medical examinations were not carried out within the guidelines set by the Ministry of Health and Family Welfare MoHFW. There is thus the need to train prosecution, police, and judiciary on the health consequences of sexual violence. The object of the proceedings under this section is to ascertain whether a person has died under Post suspicious circumstances or an unnatural death and if so what apparent cause of the death is. Seven years of jail term to life imprisonment to whoever commits the offense of rape is mandated by Section 376. Section 176 1-A has been inserted in 2005. The evidence of trace like blood, pubic hairs, clothes of the accused, nail clippings is to be preserved as they may help the case. The law for medical examination of the accused is Section 53 of the Indian Penal Code.
Trace evidence such as semen, spermatozoa, blood, hair, cells, dust, paint, grass, lubricant, fecal matter, body fluids, saliva 2. Pregnancy The notion that the use of SAFE kits will ensure conviction stems from the belief that the body of the rape survivor always has trace evidence or injuries. However, when it comes to rape victims, the evidence that is found on the body can get tampered with the passage of time, and hence it should be treated as an emergency. The possibility of rape being committed against a male, transgender rape, or marital rape are not covered by Section 375. As per MOHFW guidelines, efforts should be made to have a lady medical officer. The guidelines drafted were made available to public and experts and their opinion was sought. Rape is heinous sexual crime, still a significant issue in India.
Medical Evidence in Rape Cases and Poor Court Outcomes
A thorough medical examination includes a search of wounds, strangulation marks or other signs of coercion and threat. The test was completely contrary to the guidelines which were adopted by the Madhya Pradesh guidelines. The improvement should be done in the government hospital and it should be equipped with the modern machines to address the concern of recent times. It is also important to recognise that DNA tests are a probability test and not a confirmatory test. The two-finger test is used to determine whether or not a woman's hymen is intact. As an aftermath of the Nirbhaya gang rape case, the Ministry of Home Affairs MHA has laid down certain guidelines for medical practitioners who handle sensitive issues like rape cases or sexual harassment. Doctors were interviewed to understand their experience of deposing in court.
Importance Of Medical Examination Of Rape Victims: From The Perspective Of CrPC
The success rate is not higher. It is time we take a second look at medical evidence and broaden the discussion on it by looking at it from a different perspective. The registered medical practitioner must immediately forward the report to the investigating officer, who will then forward it to the Magistrate referred to in Section 173, Cr. It relates to the following: 1. The section 228 A 1 of IPC, 1860 also made it mandatory for both, not to disclose victim�s name.
Procedure for Victim’s Medical Examination under CrPC
It is in turn made it mandatory for the rape victims to first file an FIR. All law enforcement agencies, it becomes clear, only focus on the determination of virginity, habituation to sexual acts and hymenal injuries. These limitations can be explained by summoning a doctor as an expert witness. Medical tests like pregnancy tests, serologic tests for HIV, hepatitis, and syphilis are critical because rape victims may exhibit pregnancy symptoms, sexually transmitted diseases, genital or extragenital injuries, or even psychological symptoms. Hence it is the right of every victim to be examined by a registered medical practitioner as well as the duty of doctor to do so. The study also found that some victims experienced obstacles and harassment from the police in registering FIRs.
Fresh guidelines outlined on medical care to rape victims
However, the medical examination certificates of accused persons Exhibits 62, 63, 64, 65, and 66 do not show any smegma was present on the glans penis of any accused. Police have also booked the principal for negligence. The court held that the accused is not guilty under Section 352 and 354 of the IPC and set aside the order of the trial court. Till know, it has not been defined under IPC as well as CrPC. The court interpreted Section 20 3 of the constitution which speaks about self-incrimination. Medical Examination of a Rape Victim Section 164 of CrPC establishes the procedure for examining rape victims: Section 164A 1 - When it is proposed to have the woman, with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert during the investigation stage of rape or attempt to commit rape, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or local authority.
Norms not followed in medical examination of rape victims, says study
It is to be conducted on a later date for clarity of injuries found on the body of the victim. A and the U. Physical Examination of Rape Victim As part of the general examination, record any two identification marks, height, weight, generally built, vital parameters. Shubham Pant takes us through the existing provisions in the Indian law in connection with medical examination in the case of sexual assault and rape. The decision will be done in the best interest of the child. Introduction The two-finger test, also known as the virginity test, originated back in the 18th century. In criminal courts, the potency is examined in cases of crime against women and children like rape, sexual assault, molestation, sodomy.
Rape examination in India: Checklist and suggestions
STDs — HIV, hepatitis, gonorrhea 4, Evidence of treatment for pain, infection, depression… 5. Minors with no visible injuries or signs of penetration do not require such examination. These guidelines, if properly implemented, will definitely plug the various loopholes present and thereby will help avoid miscarriage of justice and human rights violation, said Khandekar. His or her role is vital both at the stage of investigation and at the trial stage. The accused was being dragged to the dispensary for the medical examination, he somehow, in between, managed to ran away from the spot. The copy of the report shall be provided to the victim as it is the On the contrary, there is no need to have a police requisition or order from the court to do a medical examination.
