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Indian criminal procedure | Medical evidence

Section 164A CrPC and Section 184 BNSS: Medical Examination of Rape Survivors

Legal position updated: 17 October 2026

Section 164A of the Code of Criminal Procedure, 1973 prescribed the procedure for medical examination of a woman in a rape or attempted rape investigation. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 184, applicable under the new criminal procedure framework from 1 July 2024, subject to statutory savings for pending matters.

Important: Medical examination requires lawful consent. A report documents medical and forensic findings; it does not by itself determine whether rape occurred. Medical care must not be withheld because a survivor does not agree to forensic examination.

Applicable law and meaning

Section 164A CrPC was inserted by the Criminal Law (Amendment) Act, 2005, with effect from 23 June 2006. It addressed examination during investigations of rape or attempted rape, the medical practitioner's report, consent, and forwarding of that report to the investigating officer.

Section 184 BNSS is the corresponding provision on medical examination of the victim of rape. The BNSS replaced the CrPC for the general criminal procedure regime on 1 July 2024. Under Section 531 BNSS, specified investigations, inquiries, trials, appeals and applications pending immediately before commencement continue under the saved CrPC provisions, as applicable.

The substantive rape offences for new cases are principally addressed in the Bharatiya Nyaya Sanhita, 2023; the applicable penal law depends on the date of the alleged offence and transitional rules.

Under Section 184 BNSS, where medical examination is proposed during investigation of rape or attempted rape, it must be conducted by a registered medical practitioner employed in a government or local-authority hospital, or, in the absence of such a practitioner, by another registered medical practitioner. The examination requires the consent of the woman or of a person legally competent to consent on her behalf. The provision does not authorise an examination without that consent.

Consent should be informed and documented. Medical treatment, forensic sampling and sharing sensitive information raise distinct practical consent and confidentiality considerations, to be addressed in accordance with applicable medical standards and law.

The 24-hour requirement

Section 184(1) BNSS requires the woman to be sent to the registered medical practitioner within 24 hours of receiving information about the commission of the offence. This is a referral requirement; it should not be confused with a rule that every part of examination or laboratory analysis must be completed within 24 hours. The practitioner is required to examine without delay.

What the medical report must contain

Section 184 requires a medical report setting out material particulars. These include:

  1. The name and address of the woman and the person who brought her for examination.
  2. Her age.
  3. The description of material taken for DNA profiling.
  4. Any marks of injury.
  5. Her general mental condition and other material particulars in reasonable detail.
  6. Precise reasons for each conclusion, confirmation that the requisite consent was obtained, and the exact times of commencement and completion of examination.

The registered medical practitioner must forward the report without delay to the investigating officer for onward submission to the competent Magistrate as part of the investigation papers in accordance with the BNSS.

Forensic evidence and interpretation

Medical findings may include documented injuries, biological samples and other relevant clinical observations. Evidence collection must respect consent, medical necessity, applicable forensic protocols and chain-of-custody requirements. Absence of injuries does not, by itself, disprove sexual assault; nor does a medical report substitute for judicial assessment of all admissible evidence.

The so-called two-finger test is not an accepted method of determining whether rape occurred and should not be performed. A survivor's past sexual experience is not a medical test of consent. See also the Ministry of Health and Family Welfare for applicable medico-legal guidance.

Additional survivor protections

Section 397 BNSS concerns the obligation of hospitals to provide free first-aid or medical treatment to victims of specified offences and to inform the police immediately. The corresponding earlier provision was Section 357C CrPC. Other statutory safeguards, including confidentiality and protections for children under the Protection of Children from Sexual Offences Act, 2012, may apply depending on the facts.

Historical text and State amendment

Section 164A CrPC contained seven sub-sections covering the examination, report, consent and transmission procedure, together with an explanation referring to definitions in Section 53 CrPC. The provision was inserted by Act 25 of 2005, Section 17, with effect from 23 June 2006.

Chhattisgarh: Chhattisgarh Act 25 of 2015, Section 10, amended Section 164A CrPC by substituting the expression "female registered medical practitioner" for the first occurrence of "registered medical practitioner" (excluding the explanation). This is a historical State amendment to the CrPC; its present operation in a particular case must be considered with the BNSS commencement and savings provisions and any applicable State legislation.

Frequently asked questions

Which BNSS section corresponds to Section 164A CrPC?

Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a medical examination be conducted without consent?

No. Section 184 does not make an examination without the required consent lawful.

What does the 24-hour rule mean?

It requires referral to the registered medical practitioner within 24 hours from receipt of information relating to the offence, not completion of all laboratory tests in that period.

Does absence of physical injury rule out rape?

No. Medical findings must be evaluated in context alongside the other evidence.

Official legislation and resources

This article provides general legal information. The applicable law and procedural requirements may depend on the date of the alleged offence, stage of investigation, State-specific rules and judicial decisions.