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Medical examination of the victim of rape is valid only when it is done
Question

Medical examination of the victim of rape is valid only when it is done

A.

with the consent of such woman or of a person competent to give such consent on her behalf

B.

when she expressly consents to be examined

C.

with the permission of Magistrate concerned

D.

by the Chief Medical Officer of a Government Hospital

Correct option is A

The correct option is: (a) with the consent of such woman or of a person competent to give such consent on her behalf

Explanation:

  • Mandatory Consent: Section 184(4) and 184(7) of the BNSS explicitly state that no medical examination of a rape victim shall be conducted without the consent of the woman herself or a person competent to give such consent on her behalf (such as a parent or guardian if the victim is a minor or mentally disabled).
  • Documentation: The medical report must specifically record that this consent was obtained before the examination commenced.
  • Timeframe: The examination should ideally be conducted within 24 hours from the time the information regarding the offense is received by the police.
  • Right to Refuse: A victim (or their guardian) has the legal right to refuse the medico-legal examination. This refusal must be documented, and it does not disqualify the victim from receiving necessary medical treatment.

This provision prioritizes the victim's bodily integrity and autonomy, ensuring that the legal process does not cause further trauma by forcing a medical procedure against the survivor's will.

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