Nitin Verma

Intern @UB ADVOCATES

Nitinvermapnp8769@gmail.com
+91- 9095000330

07 February 2022
My dear Nirmala

Thank you very much for contacting me for seeking legal opinion regarding
your case pertaining to medical examination in rape case. I have read the facts
of your case.
Accordingly, in my opinion, sexual violence results in physical and
psychological consequences and therefore warrants medical examination and
treatment. It is also needed to collect requisite evidence for the trial.

Regarding the rights, a rape victim has been guaranteed several rights with
respect to her medical examination. A rape victim has a Right to free medical
treatment in ANY hospital of her choice, be it public or private under Section
357C of CrPC,1973. If a private hospital denies the same, a complaint can be
filed against them under Section 166B of IPC, 1860.

Further, S164A of CrPC and the guidelines issued by the Ministry of Health
and Family Welfare in 2014 enlists the information that a medical practitioner
can collect. These details include Basic details such as name, address
etc.,History of incidence, General Physical examination, Examination of injuries,
Examination of genitals and orifices, requisite DNA samples etc.

In addition to the above, it must also be noticed that if a male medical

practitioner is examining the victim, it is obligatory that he must record
consent as per Section 164A of CrPC,1973. The consent has to be obtained by
explaining to the victim the whole process of medical examination.
 Nitin Verma
Intern @UB ADVOCATES
Nitinvermapnp8769@gmail.com
+91- 9095000330

Furthermore, I would also like to bring to your attention that two finger test is
strictly prohibited. As per S375 of IPC insertion of fingers in a woman vagina
also amounts to rape.

My opinion is supported by Section 357C, 164A of Criminal Procedure Code,

1973 and Section 166B of Indian Penal Code, 1860 and further by rulings of
the court in Lillu alias Rajesh and anr v State of Haryana (2013) 14 SCC 643
Para 13 where the Apex Court held that “Undoubtedly, the two finger test and
its interpretation violates the right of rape survivors to privacy, physical and
mental integrity and dignity.”

Further my opinion is based on the YouTube video RIGHT TO FREE MEDICAL

TREATMENT & NO TWO-FINGER TEST : SIX RIGHTS OF RAPE VICTIMS:
PART- II of Jeevan Prakash, AOR, Supreme Court and I believe that this is the
correct opinion, upon which you can act safely.

Sd/-
Nitin Verma
Intern at ubAdvocate