July 2nd 2024.
The Health and Family Welfare department in Bhubaneswar has recently issued a directive to all doctors, both in government and private practice, as well as registered medical practitioners, to conduct medical examinations of victims of rape or attempted rape in accordance with the Bharatiya Nagarik Suraksha Sanhita, which has come into effect as of Monday. In a notification released by Commissioner-cum-Secretary Shalini Pandit, it was stated that under Section 184 of the BNSS, every woman who has been the victim of rape or attempted rape must be examined by a doctor or medical practitioner from a public or private hospital, with the consent of the victim or a person authorized to give consent on her behalf.
The notification also prohibits any delays in the examination of these victims, stating that they must be examined immediately upon being brought to the doctor by a police officer. Any delays must be recorded in a register and in the examination report, along with the exact time of the examination. The doctor or medical practitioner must then submit the examination report to the Investigating Officer within seven days of the examination.
According to the notification, the doctor must obtain the victim's express consent if she is over the age of 12. If the victim is under 12 years old, her parents or guardian must give consent for the examination. The report must also state that the consent of the victim or a person authorized to give consent on her behalf was obtained.
Without delay, the doctor must examine the victim and prepare a detailed report, including her name, address, age, any materials taken from her person, any injuries she may have, her mental state, and other relevant details. This is in accordance with Section 53 of the BNSS, which also requires the examination report to be given to the arrested person or someone nominated by them, after their examination by the doctor. Failure to comply with these legal provisions may result in legal consequences, as stated in the notification issued by the Governor.
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