Cr.P.C Section 164A | Medical examination of victim of rape, etc.

Cr.P.C Section 164A

Medical examination of victim of rape, etc.

(1) Where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or sexual abuse under section 376, section 377 or section 377B respectively of the Pakistan Penal Code, 1860(Act XLV of 1860) is under investigation, the victim shall be examined by a registered medical practitioner, in the case of female victim by a female registered medical practitioner, immediately after commission of such offence:

Provided that in all cases, where possible, the female victim shall be escorted by a female police officer or a family member from a place of her convenience to the place of medical examination.

(2) The registered medical practitioner to whom such victim is sent under subsection (1) shall, without delay, examine the victim and prepare a report of examination giving the following particulars, namely:__

  • (a) name and address of the victim and of the person by whom she was escortedอพ
  • (b) age of the victimอพ
  • (c) description of material taken from body of the victim for DNA profilingอพ
  • (d) marks of injury, if any, on body of the victimอพ
  • (e) general mental condition of the victimอพ and
  • (f) other material particulars in reasonable detail.

(3) The report under subsection (2) shall state precisely the reasons for each conclusion arrived at.

(4) The report under subsection (2) shall specifically record that consent of the victim or of his or her natural or legal guardian to such examination had been obtained.

(5) The exact time of commencement and completion of the examination under subsection (1) shall also be noted in the report.

(6) The registered medical practitioner shall, without delay, forward the report to the investigation officer who shall forward it to the Magistrate along with other requirements as specified under clause (a) of subsection (1) of section 173.

(7) Nothing in this section shall be construed as rendering lawful any examination without consent of the victim or of any person authorized under subsection (4).

Explanation.__ In this section, “registered medical practitioner” means a medical practitioner who possesses any qualification recognized as such under the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962) and whose name has accordingly been entered in the Register maintained in this behalf under the said Ordinance and has been authorized by the Government to conduct such examination.

Explanation of Cr.P.C Section 164A

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