K P Aswanth Babu

Intern @ UbAdvocate
aswanth.glce@gmail.com
6238312604

Dear Ms. Nirmala,

I'm sorry to hear about Nirmala's situation. It's important for her to understand
why a medical examination is being done in her case and her rights during the
examination.
In cases of rape, a medical examination is conducted to gather evidence of the
crime and assess any injuries sustained by the victim. This examination can be
used as evidence in court to support the victim's allegations of rape. It is
conducted by a qualified medical practitioner in a government hospital or any
other hospital notified by the government.
In the State of Karnataka v. Manjanna,1 said that medical examination of rape
victims is a “medicolegal emergency.” It is the right of every victim and a duty
of every hospital to medically examine the victim before filing of a legal
complaint, and the hospital at the request of the victim, can afterwards file a
complaint. A hospital may receive a victim of rape when victim voluntarily
reports to the hospital, on requisition by the police or by the court.

Under Section 164A of the Code of Criminal Procedure (CrPC), the medical
examination of a rape victim should be conducted within 24 hours of receiving
the complaint by a registered medical practitioner employed in a government
hospital or any other hospital notified by the government. The medical
examination must be conducted with the consent of the victim, and she has the
right to refuse any part of the examination that she finds traumatic or
unnecessary. In Samira Kohli v. Dr. Prabha Manchanda and Another,2
Supreme Court held that the person giving the consent must be competent to
give consent and it must be voluntary and based on adequate information
provided by the doctor, like nature of the treatment, all the risks involved etc.

1. Rape victim shall be examined by a registered medical practitioner

employed in a hospital run by the Government or a local authority and
1
State of Karnataka v. Manjanna, (2002) 8 SCC 179
2
Samira Kohli v. Dr. Prabha Manchanda and Anr (2008) 2 SCC 1
 in the absence of such a practitioner, by any other registered medical
practitioner
2. The medical examiner, to whom the woman is sent, shall examine
without any delay and shall prepare a report containing following
information:
1. Consent of the woman or the person competent to give
consent on her behalf
2. exact time of commencement and completion of the
examination
3. Name and address of the woman and the person who brought
her
4. age of the woman
5. the description of material taken from the person of the
woman for DNA profiling
6. marks of injury
7. mental condition of the woman
8. Any other information/ detail required
9. Reasons for arriving at the conclusion from point e. -h.

Furthermore, Section 357C of the CrPC provides that in cases of rape, the state
government shall make rules to provide for the payment of compensation to the
victim. The compensation may be paid at any time during the investigation,
inquiry, or trial of the offence.

In addition, Section 166B of the Indian Penal Code (IPC) provides for
punishment for public servants who fail to record information on crimes such as
rape. This provision ensures that the police register an FIR in such cases.

It is essential to note that the two-finger test, which was used earlier to
determine if a victim had been sexually active or not, has been banned by the
Supreme Court of India in 2013. Two- Finger Test also called, per vaginum
examination is a way to determine whether the hymen of the woman is intact or
not.it is based on the assumption that hymen can rupture only when a female
undergoes sexual intercourse. The method is unscientific, against human rights
and has no bearing on determination of commission of rape. Supreme court in
Lillu Rajesh & Anr vs State of Haryana,3 held that the two-finger test is
unscientific and it violates woman’s right to privacy, physical and mental
integrity and dignity. The test was found to be invasive, degrading, and a
violation of a victim's right to privacy. Therefore, Nirmala should not be asked
to undergo this test during her medical examination.
The medical examination of a rape victim is essential to ensure that evidence is
collected and that any injuries are recorded. You have the right to refuse any
part of the examination that she finds unnecessary or traumatic. It is crucial for
her to cooperate with the examination, as the evidence collected can be used to
support her allegations of rape.

My opinion is supported by provisions of CrpC and IPC, namely section 357C

of CrPC,section 164A of CrPC, section 166B of IPC and further by rulings of
Court in cases like State of Karnataka v. Manjanna, Samira Kohli v. Dr. Prabha
Manchanda & Anr and Lillu Rajesh & Anr vs State of Haryana. Further, my
opinion is based on the Youtube video https://youtu.be/1BWg2ZC718c of Jeevan
Prakash, AOR, Supreme Court and I believe that this is a helpful opinion, upon
which you can act safely.
Sd/-
K P Aswanth Babu
Intern at ubAdvocate

3
Lillu Rajesh & Anr vs State of Haryana, (2013) 14 SCC 643