Section 184 of BNSS, 2023 — Medical Examination of Victim of Rape

Introduction

Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the medical examination of a woman who alleges that rape or an attempt to commit rape has been committed against her.

The provision establishes a procedure for conducting the medical examination during investigation while protecting the woman’s consent and ensuring that relevant medical and forensic findings are properly documented.

The provision is particularly important because medical examination may assist the investigation by documenting injuries, collecting material for DNA profiling and recording the physical and mental condition of the woman.

Meaning of Section 184

Section 184 applies when an offence of rape or attempted rape is under investigation and it is proposed to have the woman medically examined by a medical expert.

The examination must be conducted by a registered medical practitioner employed in a Government hospital or a hospital run by a local authority. If such a practitioner is unavailable, another registered medical practitioner may conduct the examination.

The examination can be conducted only with the consent of the woman or a person competent to give consent on her behalf.

Statutory Basis

The principal provision is Section 184 of the BNSS, 2023 — Medical examination of victim of rape.

The provision is connected with:

• Section 51 of BNSS, which contains the relevant meanings of “examination” and “registered medical practitioner”;
• Section 176, which deals with the procedure for investigation;
• Section 193, concerning the police report on completion of investigation; and
• the relevant provisions of the Bharatiya Nyaya Sanhita, 2023 concerning rape and related sexual offences.

Object and Purpose

Section 184 serves several procedural purposes:

• to facilitate timely medical examination during investigation;
• to preserve medical and forensic evidence;
• to document injuries and other relevant physical findings;
• to facilitate DNA profiling where material is collected;
• to record the general mental condition of the woman;
• to ensure that the examination is conducted with consent; and
• to create a medical report capable of being placed before the Magistrate as part of the investigation record.

The provision therefore combines investigative requirements with safeguards for bodily autonomy and dignity.

Nature and Scope

Section 184 is a procedural provision operating during the investigation of rape or attempted rape.

It does not itself determine whether rape has been committed. Instead, it prescribes the procedure for medical examination and preparation of the medical report.

The medical examination is not automatically authorised merely because an allegation of rape has been made. The statutory requirement of consent remains central to the provision.

Essential Elements

1. Offence Must Be Under Investigation

The provision applies when an offence involving rape or an attempt to commit rape is under investigation.

The proposed medical examination must therefore arise in the context of a criminal investigation.

2. Examination by a Registered Medical Practitioner

The examination must be conducted by a registered medical practitioner employed in:

• a hospital run by the Government; or
• a hospital run by a local authority.

If such a practitioner is unavailable, the examination may be conducted by another registered medical practitioner.

3. Consent Is Mandatory

The examination requires the consent of:

• the woman; or
• a person competent to give consent on her behalf.

Consent is therefore an express statutory safeguard under Section 184.

4. Examination Within Twenty-Four Hours

The woman must be sent to the registered medical practitioner within twenty-four hours from the time the information relating to the commission of the offence is received.

The provision is designed to facilitate timely medical and forensic examination.

5. Examination Without Delay

Once the woman is sent to the registered medical practitioner, the practitioner must examine her person without delay.

Timeliness is particularly relevant where biological or other forensic material may be collected.

Procedure

The procedure under Section 184 can be understood in the following sequence:

1. An allegation of rape or attempted rape is under investigation.
2. A medical examination of the woman is proposed.
3. The required consent is obtained.
4. The woman is sent to the appropriate registered medical practitioner within twenty-four hours from receipt of information about the offence.
5. The medical practitioner examines her without delay.
6. The practitioner prepares a medical report containing the particulars prescribed by Section 184.
7. The report records the reasons for the conclusions reached.
8. The report records that the required consent was obtained.
9. The exact commencement and completion times of the examination are recorded.
10. The medical practitioner forwards the report within seven days to the investigating officer.
11. The investigating officer forwards it to the Magistrate as part of the documents accompanying the police report.

Contents of the Medical Report

The registered medical practitioner must prepare a report containing specific particulars.

Name and Address

The report must state:

• the name and address of the woman; and
• the name and address of the person by whom she was brought.

Age

The report must record the age of the woman.

Material Collected for DNA Profiling

The report must describe material taken from the woman’s person for DNA profiling.

This requirement facilitates the documentation of forensic material collected during examination.

Marks of Injury

The report must record marks of injury, if any, found on the woman’s person.

The absence or presence of injuries is therefore documented as part of the medical examination.

General Mental Condition

The report must state the general mental condition of the woman.

This is an expressly prescribed component of the medical report.

Other Material Particulars

The practitioner must also record other material particulars in reasonable detail.

The report is therefore not restricted only to physical injuries or DNA-related material.

Reasons for Medical Conclusions

The medical report must state precisely the reasons for each conclusion reached by the registered medical practitioner.

This requirement promotes transparency and allows the medical findings and conclusions to be understood and evaluated during the criminal proceedings.

Recording of Consent

The medical report must specifically record that consent to the examination was obtained from:

• the woman; or
• the person competent to give consent on her behalf.

Consent is therefore not merely an informal procedural matter. Its existence must form part of the medical record.

Time of Examination

The exact time of:

• commencement of the examination; and
• completion of the examination

must be recorded in the medical report.

This creates a clear chronological record of the medical examination.

Forwarding of the Medical Report

The registered medical practitioner must forward the report to the investigating officer within seven days.

The investigating officer must then forward the report to the Magistrate referred to in Section 193 as part of the documents accompanying the police report.

This ensures that the medical evidence becomes part of the formal investigation record placed before the Magistrate.

Consent and Bodily Autonomy

Section 184 expressly provides that nothing in the section makes an examination lawful when it is conducted without the consent of the woman or a person competent to give consent on her behalf.

This is one of the most important safeguards under the provision.

The fact that a medical examination may be relevant to an investigation does not remove the statutory requirement of consent.

Meaning of “Examination”

For Section 184, the expression “examination” has the meaning assigned to it under Section 51 of BNSS.

The concept includes medical examination and, where relevant, examination of bodily material using modern scientific techniques, including DNA profiling and other tests considered necessary by the registered medical practitioner.

Thus, the medical examination may have both clinical and forensic significance.

Role of the Medical Practitioner

The registered medical practitioner is responsible for:

• conducting the examination without delay;
• preparing the medical report;
• recording the prescribed particulars;
• explaining the reasons for conclusions reached;
• recording the existence of consent;
• noting the precise commencement and completion times; and
• forwarding the report to the investigating officer within seven days.

The practitioner therefore has both a medical and a statutory reporting responsibility.

Role of the Investigating Officer

The investigating officer is responsible for:

• facilitating the medical examination during investigation;
• receiving the medical report from the registered medical practitioner; and
• forwarding the report to the Magistrate as part of the documents submitted with the police report.

The medical practitioner and investigating officer therefore perform distinct functions.

Exceptions and Limitations

Examination Without Consent

General rule: Medical examination under Section 184 requires consent.

Limitation: The section expressly states that it cannot be interpreted as making an examination lawful when conducted without the required consent.

Government or Local Authority Hospital Practitioner Unavailable

General rule: The examination is to be conducted by a registered medical practitioner employed in a Government or local-authority hospital.

Exception: If such a practitioner is unavailable, another registered medical practitioner may conduct the examination.

Important Distinctions

Medical Examination and Medical Report

The medical examination is the physical and medical assessment conducted by the registered medical practitioner.

The medical report is the written record prepared by the practitioner containing the prescribed findings, particulars, conclusions and other details.

Medical Evidence and Proof of Rape

A medical examination may provide relevant medical or forensic evidence, but the medical report by itself does not determine the ultimate guilt or innocence of the accused.

The court considers the medical evidence together with the other evidence available in the case.

Medical Examination and Investigation

The medical examination is an investigative procedure under BNSS. It assists the investigation by documenting relevant medical and forensic material.

The ultimate adjudication of the criminal charge takes place during the judicial proceedings.

BNSS and CrPC

Section 184 of BNSS broadly corresponds to Section 164A of the Code of Criminal Procedure, 1973.

The basic framework has substantially continued, including:

• medical examination during investigation;
• examination by a registered medical practitioner;
• consent requirement;
• examination within twenty-four hours from receipt of information;
• prescribed contents of the medical report;
• recording of reasons for conclusions;
• recording of consent;
• recording of examination times; and
• forwarding of the report through the investigating officer to the Magistrate.

Section 184 should nevertheless be treated as the current BNSS provision rather than simply applying the CrPC provision by analogy.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 defines substantive sexual offences, including rape and related offences.

The Bharatiya Nagarik Suraksha Sanhita, 2023 provides the procedural framework for investigating those offences, including the medical examination under Section 184.

The Bharatiya Sakshya Adhiniyam, 2023 governs the evidentiary treatment of material placed before the court.

Section 184 therefore primarily establishes the procedure for obtaining and documenting medical evidence; it does not by itself determine the final evidentiary weight that a court must give that material.

Constitutional Connection

Section 184 has a direct connection with the constitutional values of dignity, bodily autonomy, personal liberty and fair procedure.

Article 21 of the Constitution protects life and personal liberty and has been interpreted to include protection of dignity and bodily integrity.

The statutory requirement of consent under Section 184 is consistent with the principle that a victim’s body and medical examination cannot be treated merely as an investigative object without regard to personal autonomy.

Common Confusions

Is medical examination compulsory whenever rape is alleged?

No.

Section 184 expressly requires consent of the woman or a person competent to give consent on her behalf.

Must the examination take place within twenty-four hours?

The woman must be sent to the registered medical practitioner within twenty-four hours from the time information relating to the commission of the offence is received.

Once she is sent to the practitioner, the examination must be conducted without delay.

Does the medical report prove that rape occurred?

No.

The medical report is a piece of evidence relevant to the investigation and subsequent proceedings. The court determines the case on the basis of the entire evidentiary record.

What happens to the medical report after examination?

The registered medical practitioner forwards it to the investigating officer within seven days. The investigating officer then forwards it to the Magistrate as part of the documents accompanying the police report.

What happens if a Government hospital practitioner is unavailable?

Another registered medical practitioner may conduct the examination.

Does the report record only physical injuries?

No.

It also records the woman’s age, material collected for DNA profiling, general mental condition, other material particulars and the reasons for the conclusions reached.

Example

Suppose a woman reports that she has been raped and the offence is being investigated. The investigating authorities propose a medical examination.

The woman gives the required consent. She is sent to an appropriate registered medical practitioner within twenty-four hours from receipt of information concerning the offence. The practitioner examines her without delay, records any injuries, documents material collected for DNA profiling, records her general mental condition and prepares the prescribed report.

The report records the consent and the exact commencement and completion times of the examination. The practitioner forwards the report to the investigating officer within seven days, and the investigating officer forwards it to the Magistrate with the relevant investigation documents.

Important BNSS Provisions

• Section 51: Provides the relevant meanings of “examination” and “registered medical practitioner” for the medical-examination provisions.
• Section 176: Provides the general procedure for investigation.
• Section 184: Specifically governs medical examination of a victim of rape.
• Section 193: Provides for the police report on completion of investigation and requires the medical examination report to be attached in specified rape cases.

Topic at a Glance

• Topic: Medical Examination of Victim of Rape
• BNSS Section: Section 184
• Stage: Investigation
• Who conducts it: Registered medical practitioner
• Primary requirement: Consent
• Time for sending the woman to the practitioner: Within twenty-four hours from receipt of information concerning the offence
• Examination: Without delay
• Medical report: Must contain prescribed particulars
• DNA material: Description of material collected for DNA profiling must be recorded
• Injuries: Marks of injury, if any, must be recorded
• Mental condition: General mental condition must be recorded
• Consent: Must specifically be recorded in the report
• Timing: Exact commencement and completion times must be recorded
• Report to investigating officer: Within seven days
• CrPC counterpart: Section 164A of the Code of Criminal Procedure, 1973

Quick Revision

1. Section 184 of BNSS deals with medical examination of a victim of rape.
2. It applies when rape or attempted rape is under investigation and medical examination is proposed.
3. The examination must be conducted by a registered medical practitioner employed in a Government or local-authority hospital, or by another registered medical practitioner where such practitioner is unavailable.
4. The examination requires consent of the woman or a person competent to give consent on her behalf.
5. The woman must be sent to the registered medical practitioner within twenty-four hours from receipt of information concerning the offence.
6. The practitioner must examine her without delay.
7. The report must contain the woman’s name and address and the details of the person who brought her.
8. The woman’s age must be recorded.
9. Material taken for DNA profiling must be described.
10. Marks of injury, if any, must be recorded.
11. The general mental condition of the woman must be recorded.
12. Other material particulars must be stated in reasonable detail.
13. Reasons for each conclusion must be stated precisely.
14. The report must specifically record that consent was obtained.
15. The exact commencement and completion times of the examination must be recorded.
16. The practitioner must forward the report to the investigating officer within seven days.
17. The investigating officer forwards the report to the Magistrate with the investigation documents.
18. Section 184 broadly corresponds to Section 164A of the CrPC.
19. The section does not make an examination lawful without the required consent.
20. The medical report is investigative and evidentiary material; it does not by itself determine the guilt or innocence of the accused.

ALSO READ: Section 183 – Recording of confessions and statements

Conclusion

Section 184 of the BNSS establishes a structured and consent-based procedure for the medical examination of a woman alleging rape or attempted rape. It emphasises timely examination, proper forensic documentation, detailed medical reporting and transmission of the report through the investigating officer to the Magistrate. At the same time, the express consent requirement protects bodily autonomy and prevents the investigative purpose of medical examination from overriding the woman’s legal and personal rights.