Examination of a person accused of rape by medical practitioner comes under
In India, the medical examination of a rape victim is governed by the Indian Evidence Act and the Code of Criminal Procedure. The relevant section here is Section 53 of the CrPC, which authorizes a medical examination without consent for the purpose of criminal investigation. Also, Section 164 of the CrPC deals with medical reports being part of the evidence. However, the primary legal provision for the examination itself is Section 53. So the correct answer would be under that section.
Now, the options probably include other sections. For example, Section 164 deals with the recording of statements, not the examination. Section 176 might relate to inquest. The wrong options would be other sections from the IPC or CrPC that don't pertain directly to medical examination. I need to explain why each incorrect option is wrong, maybe pointing out what each section actually covers.
The core concept here is understanding the legal obligations of a medical practitioner when examining a victim in a criminal case. The key takeaway is Section 53 CrPC. The clinical pearl would be to remember that this section allows for examination without consent in criminal cases. The explanation must be concise, within the character limit, and structured as per the user's instructions.
**Core Concept**
This question tests knowledge of legal provisions governing medical examinations in criminal cases like rape. In India, **Section 53 of the Code of Criminal Procedure (CrPC)** mandates that a medical examination of a person accused of a crime (including rape) must be conducted by a registered medical practitioner, without requiring the accused's consent.
**Why the Correct Answer is Right**
Section 53 CrPC allows a police officer investigating a cognizable offense (e.g., rape) to request a medical examination of the accused. The examination is compulsory, and the medical report becomes part of the evidence. This provision ensures that injuries or other physical evidence relevant to the case are documented objectively, even without the accused’s consent or presence.
**Why Each Wrong Option is Incorrect**
**Option A:** Likely refers to **Section 164 CrPC**, which governs the recording of statements by magistrates, not medical examinations.
**Option B:** Likely refers to **Section 176 CrPC**, which outlines procedures for inquests into deaths under suspicious circumstances, unrelated to rape examinations.
**Option C:** Likely refers to **Section 7 of the Indian Evidence Act**, which deals with relevance of facts, not medical procedures.
**Clinical Pearl / High-Yield Fact**
Remember: **Section 53 CrPC** is the cornerstone for compulsory medical examinations in criminal cases. Confusion with Section 164 (statement recording) or Section 176 (inquest) is common—always link the legal provision to the *purpose* of the examination (evidence collection vs. statement recording).
**Correct Answer: D. Section 53 of CrPC**