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During the investigation of an offense of committing rape, a medical examination of the alleged victim may be done:-
Question

During the investigation of an offense of committing rape, a medical examination of the alleged victim may be done:-

A.

Only on the order of a Magistrate.

B.

Necessarily on the request of the concerned investigation officer, if he deems it fit.

C.

After the investigation officer obtains permission from his Superintendent of Police.

D.

With the consent of such woman victim or of any person competent to give such consent on her behalf.

Correct option is D


The correct answer is (d) With the consent of such a woman victim or of any person competent to give such consent on her behalf. Under Section 164A of the Criminal Procedure Code (CrPC), a medical examination of a rape victim must be conducted with her consent or, if she is incapable of giving consent, with the consent of a person legally authorized to act on her behalf.
Information Booster:
Section 164A CrPC: This section lays down the procedure for the medical examination of a rape victim. The examination is crucial for collecting evidence and must be carried out with the victim's informed consent. The law recognizes the importance of respecting the victim's autonomy and dignity during the investigation process.
Additional Knowledge:
· Magistrate’s Order: A Magistrate’s order is not required for the medical examination, though it may be sought in certain circumstances.
· Investigation Officer’s Request: While an investigating officer can request a medical examination, it must be done with the victim’s consent, respecting her rights and privacy.
· Role of Consent: The requirement for consent ensures that the victim’s rights are protected, and the examination is conducted ethically.

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