POCSO Act Section 27 — Medical examination of a child

CHAPTER VI PROCEDURES FOR RECORDING STATEMENT OF THE CHILD

Criminal

Summary

Sub-section (1) states that the medical examination of a child against whom an offence under this Act has been committed must be carried out according to section 164A of the Code of Criminal Procedure, 1973. This applies even if a First Information Report or complaint has not yet been registered for the offence.

Sub-section (2) provides that if the victim is a girl child, the medical examination must be conducted by a woman doctor.

Sub-section (3) requires that the medical examination be conducted in the presence of the child's parent, or any other person in whom the child has trust or confidence.

Sub-section (4) states that if the parent or the trusted person mentioned in sub-section (3) cannot be present for any reason during the medical examination, the examination must instead be conducted in the presence of a woman nominated by the head of the medical institution.

Official Text

(1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).

(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.

(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.

(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.