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 would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "What are the rules for medical examination of an accused and a victim in criminal cases?" turns on BNSS 2023 s.51, BNSS 2023 s.52 and BNSS 2023 s.184. The points below set out the position and then what to do about it, in the order it should be done.

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 this means for you: 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.

Where the facts are disputed, what usually decides a medical examination accused victim matter is the paper trail — dated complaints, acknowledgments and written replies under BNSS 2023 s.51. 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 criminal law.