What are the rules for medical examination of an accused and a victim in criminal cases?

Question

I want to understand when and how medical examination is conducted for an accused person and for a victim in a criminal case, especially sexual offences. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What are the rules for medical examination of an accused and a victim in criminal cases? is governed in India primarily by BNSS 2023 s.51, BNSS 2023 s.52 and BNSS 2023 s.184. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 51 empowers a registered medical practitioner, at the request of a police officer, to examine an arrested person where there are reasonable grounds to believe the examination will furnish evidence, and s.52 provides for examination of the accused specifically in sexual offence cases.

For victims of sexual assault, medical examination under s.184 must be conducted promptly (ideally within 24 hours) with the victim's consent, by a registered medical practitioner in a government or recognised hospital, free of cost.

The medical examination report (MLC) must record consent, findings, and be forwarded to the investigating officer without delay, forming crucial corroborative evidence for the prosecution and defence alike.

An accused cannot be forced to undergo an examination that infringes bodily autonomy beyond what is legally sanctioned, and any DNA or invasive sampling should follow due process and, where required, judicial authorisation.

Delay in conducting the medical examination is often a ground raised by the defence to question reliability, so prompt examination and proper chain of custody of samples is essential.

What to do next: 1) Ensure medical examination of the victim is conducted immediately at a government hospital; 2) Preserve the MLC report and ensure it is forwarded promptly to the investigating officer; 3) For accused examination, verify legal authorisation before any invasive procedure; 4) Raise any unexplained delay in examination as a point during trial if relevant.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under BNSS 2023 s.51 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.