BNSS Section 184 — Medical examination of victim of rape

Summary

When a rape or attempted rape is being investigated, if the woman who is the alleged victim needs to be medically examined, the examination must be done by a registered doctor working in a government or local authority hospital. If no such doctor is available, any other registered doctor can do it, but only with the woman’s consent or the consent of someone legally allowed to give it on her behalf. The woman must be sent to the doctor within 24 hours of the police learning about the offence. The doctor must examine her without delay and prepare a report that includes her name, age, details of any samples taken for DNA testing, any injuries, her general mental condition, and other relevant details. The report must state the reasons for each conclusion, record that consent was obtained, and note the exact start and end time of the examination. The doctor must send the report to the investigating officer within seven days, who then forwards it to the Magistrate as part of the case documents. This section does not make any examination lawful without the woman’s or her guardian’s consent.

Official Text

(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—

(i) the name and address of the woman and of the person by whom she was brought;

(ii) the age of the woman;

(iii) the description of material taken from the person of the woman for DNA profiling;

(iv) marks of injury, if any, on the person of the woman;

(v) general mental condition of the woman; and

(vi) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it 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.

(7) 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.

Explanation.—For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as respectively assigned to them in section 51.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)