Professional Documents
Culture Documents
1. Medical Examination of Victim and Accused– The medical examination is done to know the true
facts about the incident that happened with the victim and how. It provides a substantial piece of
evidence to the police officers which helps them to expedite the process of investigation. The fact
findings are corroborated with the help of the medical examination. It helps to reach a conclusion
expeditely.
a. For Victim: Section 164A (Read complete section)– provides for the procedure of examination
of the rape victims: When during the stage of investigation of the offence of rape or attempt
to rape, it is proposed the victim to get medically examined with a registered medical
practitioner of government or any local authority, if not present, then any registered medical
practitioner with the consent of the woman or the person competent to give consent on her
behalf. The woman should be sent to the medical practitioner for the examination within
24hrs of receiving the information of commission of the offence.
b. Section 27 of POCSO Act– (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. (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.
c. The medical examination of any woman who is the victim of sexual violence is done only when
that woman gives the consent. Section 164A(7) bars the court and police to do the medical
examination of the victim without the consent of the victim. The consent can be given by the
victim or the person competent on her behalf to give the consent.
d. →If the victim is not in the condition to give consent, then the parents of the victim can give
the consent. If the victim is a child below 12 years and there is no one on her behalf to give
the consent, then the senior doctor from the panel of hospital authorities can give the
consent. The decision will be done in the best interest of the child. → As per the provision of
Section 89 and 90 of the IPC, the survivor can give consent for the medical examination if her
age is more than 12 years. → As per Section 92 of IPC, a doctor can conduct the lifesaving
procedure of the patient without his/her consent. →If the Parents of the child is against his
welfare then the Child Welfare Committee should be informed who has the responsibility to
take care of the Child under Juvenile Justice Act, 2015. →For conducting the medical
examination of any person who is mentally challenged, informed consent of any of the
persons can be taken who will act in the best interest of him- Jurisdictional Court, Parents or
Local Guardian, Doctors from the hospital, Child welfare committee in case of a child. → For
conducting the medical examination of a person having hearing and speech impaired
survivors, the informed consent can be obtained using an interpreter. The consent form
should be signed by the survivor, witness and examining doctor.
e. For Accused: Section 53 CrPC– provides for the procedure of medical examination of the
accused. Whenever the accused has committed an act or is alleged to have committed an act,
the police has reasonable grounds to believe that the medical examination of the accused
person can help the police to get evidence of the commission of the offence, then they can
request a registered medical practitioner for the examination of that person. The police
officer directing the medical practitioner should be sub-inspector or above the rank of the
Sub Inspector. When the accused is female then she can be examined under the supervision
of the female medical practitioner.
f. Section 53A CrPC (Read complete section)– provides for the procedure of examining the
accused of rape cases: Whenever a person is accused of committing rape or attempt to
commit rape and there is reasonable ground to the belief that the examination of the accused
can afford evidence for the commission of the offence, it shall be lawful for the registered
medical practitioner of the government hospital or any local authority, if not present, then
within the radius of the 16 km from the place of occurrence of the crime, the examination can
be done with any registered doctor on the request made by the police officer, not below the
rank of sub-inspector.
g. Fallouts of the current procedure of victim examination: The procedure of the victim’s medical
examination should be changed according to the current situation. The procedure envisages
about the medical practitioner presence in the vicinity of the place of commission of offence
but if the offence is committed in the remote area where there is no access to medical
facilities, then what are the possibilities that can be exercised should also be looked into. The
improvement should be done in the government hospital and it should be equipped with the
modern machines to address the concern of recent times.
h. Landmark case-laws: (i) Deoman Shamji Patil vs. the State– The petitioner was the accused.
One day the police officer received the information that one person is misbehaving and
creating mischief on the public street under the influence of alcohol. In pursuance of the
information thereof, the concerned police official formed a team of 5 to 6 constables and
reached the spot. After reaching the spot, they found the person was under the influence of
alcohol and they decided to take him to the nearby doctor to get him medically examined. The
accused was being dragged to the dispensary for the medical examination. He was convicted
under Section 353 of the IPC for deterring the public servant from discharging his duty. The
conviction turned into an appeal and the court has relied on the technical interpretation of
Section 99(1) of IPC wherein the accused was denied the right to exercise private defence.
The order of taking the accused to the medical dispensary was given by the constable, who is
not allowed to issue such an order. The court held that the accused is not guilty under Section
352 and 354 of the IPC and set aside the order of the trial court; (ii) Ram Swaroop Pathak vs.
The State of Madhya Pradesh– The lower court convicted the appellant and sent him to jail
for rigorous imprisonment of 10 years in the first count and rigorous imprisonment of 3 years
in the last count. The appellant filed an appeal before the high court wherein court allowed
him the bail inter- alia, on the following ground: the evidence that is relied upon during the
medical examination is the presence of semen. There is no presence of semen on the body of
the prosecutrix. Based on the above finding, the court allowed the appeal partially and upheld
the conviction under Section 506 of the IPC and sent him on rigorous imprisonment for up to
3 years; (iii) Selvi vs State of Karnataka– This case has thrown abundant light on determining
guilt based on technical evidence. The following technical evidence is discussed in this case:
Narco Analysis Test: in this test a hypnotic drug is given to the accused and when he reaches
the subconscious then the questions are posed to him for the answer. The success rate is not
higher. Furthermore, the Supreme Court of Canada has said that the statement made in a
hypnotic state is not voluntary and cannot be admitted as evidence. Brain Electrical Activation
Profile: It is done to know whether the individual is familiar with certain information by way
of measuring activity that is triggered by selected exposure to stimuli. The Court has stated
the involuntary administration of narco analysis is cruel, degrading and inhuman. The
evidence collected by the narco analysis test is inadmissible if done without the consent of
the accused. The court also emphasized the limitation of the evidence that is collected with
the above-mentioned techniques. The court interpreted Section 20(3) of the constitution
which speaks about self-incrimination. The Court held that the collection of evidence by
means of medical examination and any other techniques such as DNA profiling, Brain
Mapping, Polygraph test should be limited to the extent of incriminating the accused.
Furthermore, the right to privacy of the accused should not be infringed.
2. Crime Scene Management and Examination
a. Crime scene management skills are an extremely significant task component of investigation
because evidence that originates at the crime scene will provide a picture of events for the
court to consider in its deliberations. That picture will be composed of witness testimony,
crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the
analysis of the crime scene itself. It involves 4 basic protocols: – (i) Note taking (ii) Securing a
crime scene (iii) Evidence management and (iv) Scaling the investigation to the event.
b. Note Taking–
3. Identification of Trace Evidence
4. Collection and preservation of Crime Scene Evidence
1. Role Of Forensic Science in Criminal Investigation: Admissibility In Indian Legal System And Future
Perspective
2. A simplified guide to forensic document examination
3. Guide for the development of Forensic document examination capacity
4. A simplified guide to Fingerprint Analysis
5. Fingerprint
6. A simple guide to Forensic audio and video analysis
7. Audio forensic examination
8. Toxicology
9. DNA Technology
10. Indian Legal perspective on DNA Technology
11. Polygraph Test and its Legal Implication in the Indian Criminal Justice System
12. Computer Forensics
13. Cyber Forensics
14. Powers Of Police to Arrest, Procedure of Arrest, And Documentation of Arrest
15. Rights of arrested persons under the Indian Constitution
16. Expert Evidence
17. Reference of documents to experts for advice
18. Trace Evidence
19. Toxicological Analysis and its uses