Legal Right of Rape Victim IN Case of medical Satuation

Pradyumn singh
Legal intern at ubAdvocates
Email: nayak2k02@gmail.com
Contact : 7392990109
 As being counsel of Nirmala ,I would like to advice her that she should get her medical checkup done without
checkup there will be no evidence of the case filed by her, when there is medical examination of her body by police then
it will be for her all . whether the filed case is in the category of rape or not and then police take legal action after
registering a case against the rapist by the police , a chargesheet will be prepared on the statement of the rape victim

Here’s a quick look at the special rights conferred on rape victim by various laws ;
Section 228A of the Indian penal
code [IPC] imposes a blanket ban on the disclosure of the name of the rape victim .Even if it happen to be mention in
the FIR , anybody publicizing her name is liable to be punished with imprisonment up to two years. The criminal
procedure {c.r.p.c ] contain special provision, section 164A, to ensure that the victim medically examined within 24
hours of the rape . though it is meant collecting evidence the law stipulated that the examination cannot be done without
her consent. This gives the victim the option of not being subjected to test for whatever reason. On the other hand,
section 53 (1) of c.r.p.c empowers state authority to use force for the medical examination of the accused person . where
the accused in the position of trust or authority over the victim in ( police custody ,jail, hospital etc).
Section 114 of the Indian Evidence act say on the question whether the sexual act was consensual or not, her word will
be taken face value. As the mandate of this provision ,if “she states in her evidence before the court that she did not
consent , the court shall presume that she did not consent. Though the principal of fairness requires a trail to be held in
an open court, section 327(2) of c.r.p.c lays down that in rape cases the judicial proceeding “shall be conducted in
camera ”. It adds that it shall not be lawful for anybody to publish any matter related to such proceeding “expect with
previous permission of the court .”

A rape victim;s medical examination is always vey important . Hence the

examination must be done carefully maintaining high medical and ethical sstandards. India is a developing nation, a fast
developing nation though. When it comes to ethical standards, the existence of two finger test was enough to confirm
that we required a few urgent lessons. Setting up of justice verma committee after 16 th December rape case
for tougher law meant as end was coming to the Two finger Test. In the 657 page report , the committee mentioned
“It is crucial to underscore that the size of the vaginal introitus has no bearing on a case of sexual assault, and therefore a
test to ascertained the laxity of the viginal muscles which is commonly reffered to as two finger test must not be
conducted. On the basis of this test observation /conclusion such as ‘habituated to sexual intercourse’ should not be
made this is forbidden by laws” this test is popped up by government to save integrity and dignity of rape survivor..
I personally recommend to Nirmala co-operate with police for medical examination don’t hesitate in the medical process
the above legal provision for you . You can take help of the above legal provision if any examination or proceeding
done by police beyond the law ..

Thanks …..
This councelling is based on the video of AOR Supreme court Mr. Jeevan praksh sir link of the
video is . https://youtu.be/1BWg2ZC718c .