Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the medical examination of a woman who is alleged to have been subjected to rape or attempted rape. This provision is closely aligned with Section 164A of the Code of Criminal Procedure (CrPC), 1973, with the primary distinction being the introduction of a seven-day timeframe for forwarding the medical report to the investigating officer, a detail previously absent in the CrPC.
📜 Section 184: Medical Examination of the Victim of Rape
1. Initiation of Medical Examination
Consent Requirement: The examination can only proceed with the consent of the woman or a person competent to give such consent on her behalf.
Timeliness: The woman must be sent to the registered medical practitioner within twenty-four hours from the time of receiving information about the alleged offence.
Authorized Medical Practitioner: The examination must be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority. In the absence of such a practitioner, any other registered medical practitioner may perform the examination.
2. Contents of the Medical Report
The registered medical practitioner must prepare a report that includes:
Name and address of the woman and the person who brought her
Age of the woman.
Description of material taken from the woman's person for DNA profiling.
Marks of injury, if any, on the woman's person.
General mental condition of the woman.
Other material particulars in reasonable detail.
3. Additional Report Requirements
Reasons for Conclusions: The report must state precisely the reasons for each conclusion arrived at.
Consent Documentation: The report must specifically record that the consent of the woman or the person competent to give such consent on her behalf to the examination had been obtained.
Time of Examination: The exact time of commencement and completion of the examination must be noted in the report.(
4. Submission of the Medical Report
Forwarding the Report: The registered medical practitioner must forward the report to the investigating officer within seven days.
Submission to Magistrate: The investigating officer shall then forward the report to the Magistrate referred to in Section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section
5. Consent Requirement
No Examination Without Consent: Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
Definitions: For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as respectively assigned to them in Section 51.
⚖️ Comparison with CrPC Section 164A
| Aspect | Section 184 (BNSS, 2023) | Section 164A (CrPC, 1973) |
|---|---|---|
| Consent Requirement | Yes | Yes |
| Timeframe for Examination | Within 24 hours | Within 24 hours |
| Authorized Medical Practitioner | Registered medical practitioner in a government or local authority hospital | Registered medical practitioner in a government or local authority hospital |
| Report Submission | Forwarded to investigating officer within 7 days | Forwarded to investigating officer without delay |
| Additional Requirements | Specifies reasons for conclusions, consent documentation, and time of examination | Specifies reasons for conclusions, consent documentation, and time of examination |
🧾 Illustration
Imagine a woman named Priya reports a rape case. The police, upon receiving the complaint, decide to have her medically examined. As per Section 184, the medical examination of a woman alleged to be a victim of rape can only proceed with Priya’s consent. Furthermore, this examination must be conducted by a registered medical practitioner employed in a government hospital. In cases where such a practitioner is unavailable, another registered medical practitioner may conduct the examination, provided consent is still obtained. The medical practitioner will prepare a report documenting Priya’s injuries, any material collected for DNA testing, and her mental condition. The report must be submitted to the police within 7 days.
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