Introduction to Section 184 BNSS / Medical Examination of Rape Victim
Section 184 BNSS a very important part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which protects the rights and dignity of women who are victims of rape or attempted rape. It talks about how a medical examination of the victim should be done. The law ensures that the woman is treated with respect, and that the examination is done by a qualified doctor, only with her consent, and within a strict time limit of 24 hours. The section also guides how the medical report should be written and submitted for investigation.
What is BNSS Section 184 ?
BNSS Section 184 is a law under the Bharatiya Nagarik Suraksha Sanhita (BNSS) that explains how a rape victim or a woman who has faced attempted rape should be medically examined during investigation. The law protects the woman’s dignity, privacy, and consent, and clearly explains who can examine her, what should be included in the medical report, and how the process must be done within 24 hours.
BNSS Section of 184 in Simple Points
1. Medical exam must happen within 24 hours
When police receive information about a rape or attempt to rape, the woman victim must be sent for medical examination within 24 hours. This helps to gather medical evidence quickly and protects the rights of the woman.
2. Only a registered doctor from a government hospital can examine
The woman must be examined by a registered medical practitioner who is working in a government hospital or one run by a local authority. If no such doctor is available, then any registered doctor can do the examination. This prevents any misuse or unfair treatment.
3. Consent of the woman is very important
No examination can be done without the consent of the woman. If she is not in a condition to give consent, someone competent to give consent on her behalf (like a guardian) must agree. This respects the freedom and privacy of the woman.
4. Medical report must include detailed findings
The doctor must prepare a clear and detailed medical report, which should include:
- Woman’s name and who brought her
- Her age
- Material taken for DNA profiling
- Injuries (if any)
- Mental condition of the woman
- Any other important details
This report is very important for the investigation and legal case.
5. Report must be submitted within 7 days
The doctor must send the report to the investigating officer within 7 days. The police officer will then submit it to the Magistrate under BNSS Section 193. The law ensures that the evidence is collected and submitted quickly.
Section 184 of BNSS Overview
BNSS Section 184 focuses on the medical examination procedure for a woman in rape or attempt-to-rape cases. It:
- Protects the right to privacy and dignity of the woman.
- Requires examination to be done by a registered medical practitioner.
- Insists on the consent of the woman before examination.
- Lays down the details to be included in the medical report.
- Requires the report to be submitted to police within 7 days for further legal action.
This section builds transparency, fairness, and efficiency into the criminal investigation process.
BNSS Section 184 – 10 Detailed Key Points
1. Medical Examination Must Be Done by a Registered Doctor
According to BNSS Section 184, only a registered medical practitioner can examine the victim. The doctor should ideally be working in a government or local authority hospital. If such a doctor is not available, any other registered doctor may perform the examination. This ensures that only a qualified and trusted professional conducts such sensitive procedures. This rule avoids exploitation and protects the victim’s dignity. The doctor must follow ethical standards. This builds trust and fairness in the investigation. The law ensures victims receive professional medical care, not just legal help.
2. Consent of the Woman is Mandatory Before Examination
The woman’s consent is necessary before the examination. If the woman cannot give consent herself (like in the case of a minor or mentally challenged person), someone legally competent to consent on her behalf can do so. No doctor can perform an examination without proper permission. This protects the woman’s right to privacy and bodily autonomy. The law respects the individual’s choice and mental condition. Even if the case is serious, forced examination is illegal. This rule ensures respect for human rights. It also encourages more victims to come forward without fear.
3. Medical Examination Must Be Done Within 24 Hours
The examination must happen within 24 hours after the complaint or FIR is filed. This is important because the sooner the evidence is collected, the more accurate and helpful it will be. Delays may cause loss of physical evidence like injuries or DNA samples. Early examination also helps in checking the mental and physical condition of the victim properly. This time-bound rule adds speed to investigation. It ensures the police act quickly. This protects the integrity of the case and helps build a strong legal file.
4. Detailed Medical Report Must Be Prepared
The doctor must write a complete and precise report after the examination. The report must include the woman’s name, address, age, and who brought her. It should also mention injuries, mental condition, and samples taken for DNA profiling. All important facts must be recorded in a scientific and professional way. This report becomes crucial evidence in court. A weak or unclear report may harm the case. The report must reflect the truth without any pressure or bias. It serves as a strong tool for both investigation and justice.
5. Report Must Mention Time of Examination Clearly
The report must mention the exact time of start and end of the medical examination. This adds transparency to the process. If the exam was delayed or rushed, it can raise questions in court. Time details help verify if the 24-hour rule was followed. It also shows the seriousness and promptness of the authorities. Accurate time stamps support the legal timeline of the investigation. This small detail adds accountability to the process. It can also protect the doctor and police from false claims.
6. Report Must Record the Consent Taken
The medical report must clearly mention that consent was taken from the woman or her guardian. Without this statement, the report may become legally weak or even rejected in court. It proves that the woman was informed and willing, and that her rights were respected. This written note of consent protects the doctor legally. It also proves that no force or pressure was used. This detail shows the law’s commitment to ethical medical practice. It also prevents misuse of the examination process.
7. Report Must Be Sent to Police Within 7 Days
The doctor must submit the completed report to the investigating officer within 7 days. The police then forward it to the Magistrate under Section 193. This ensures the report becomes an official part of the case. Timely reporting avoids delays in filing the charge sheet. It helps the court understand the condition of the victim at the time of the incident. If the report is not submitted in time, the legal process may suffer. The rule ensures speed and efficiency in criminal trials. It holds medical and police officials accountable.
8. DNA Samples and Injury Marks Must Be Included
The doctor must collect DNA samples and note down any injury marks on the woman’s body. These are very important pieces of scientific evidence. DNA can link the accused directly to the crime. Injury marks can show whether force or violence was used. The report should include descriptions of bruises, scratches, or cuts if present. This part of the exam supports the victim’s version of events. It gives the court physical proof to support the FIR. Scientific evidence increases the chances of conviction.
9. Mental Condition of the Victim Must Be Noted
The doctor must observe and record the mental condition of the woman. After such a traumatic event, the woman might be in shock, fear, or emotional distress. The doctor should record signs like crying, confusion, silence, or anxiety. This helps the court understand the psychological impact of the crime. It also shows that the victim was not in a normal state during the exam. Mental state reports are useful in understanding trauma and sometimes help in deciding compensation or special care. It ensures the victim’s emotional condition is also respected.
10. Examination Must Always Respect Woman’s Dignity
All procedures must be carried out in a private, safe, and respectful way. The woman should not feel humiliated, judged, or harassed during the medical exam. Preferably, a female doctor should perform the exam, especially in cases involving young girls or trauma victims. The environment must be calm and non-threatening. This builds confidence in the system. Respecting the victim’s dignity makes her feel safe and supported. The purpose of this law is not only to collect evidence but also to protect and empower the woman during one of the worst moments of her life.
Example 1:
A 22-year-old woman reports an attempted rape to the police. The police take her to a government hospital within 3 hours. A registered female doctor takes her consent, performs the examination, collects DNA samples, checks for injuries, and prepares a report. The report is sent to the police within 5 days, and they attach it with the charge sheet.
Example 2:
A minor girl is raped in a small town. There is no government hospital nearby, so the police take her to a private registered doctor. Since she is a minor, her mother gives consent for the medical exam. The doctor notes the injuries, collects samples for DNA testing, and gives the report to the police, who submit it to the magistrate as per the BNSS law.
Section 184 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Medical Exam Within 24 Hours | The victim must be medically examined within 24 hours of the complaint to collect timely and accurate evidence for investigation. |
| 2. Examination by Registered Doctor | Only a registered medical practitioner, preferably from a government hospital, can conduct the medical examination to ensure credibility and professionalism. |
| 3. Consent is Mandatory | No examination can be done without the woman’s consent. If she cannot give it, a legal guardian must do so on her behalf to respect her rights and dignity. |
| 4. Detailed Medical Report Required | The report must include name, age, DNA samples, injuries, and mental condition of the woman. This ensures complete and accurate documentation. |
| 5. Report Sent to Police Within 7 Days | The doctor must submit the medical report to the investigating officer within seven days, who will then forward it to the Magistrate as per BNSS Section 193. |
BNSS Section 184 FAQs
BNSS 184
Conclusion
BNSS Section 184 ensures justice, dignity, and sensitivity in handling rape or attempted rape cases. It guarantees that victims are examined by qualified doctors within 24 hours, only after giving consent, and in a respectful manner. The section also ensures that medical reports are detailed and submitted promptly to support fair investigations. This law upholds both the victim’s rights and the integrity of the legal process.
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