Anupam Pathak

Intern at ubAdvocate
Email- anupampathak507@gmail.com
Contact No- 9453461500

Date- 07/02/2023

My dear Ms Nirmala,

Thank you very much for contacting me for seeking legal opinion regarding your case pertaining
to why the medical examination is being done in such a case and further what are the rights if the
rape victim during the medical examination. I have read the facts of your case.

Accordingly in my opinion, medical examination of victim is done to find out the true fact. It is
also done to check the how much injury has the victim received from the rape and also to make
sure that is victim pregnant or not.

There are 2 important rights during medical treatment. First is, right to free medical treatment.
Under Section 357C of Code of Criminal Procedure, it is enumerated that all hospitals, public or
private shall immediately, provide the first aid or medical treatment to the victim of any offence
which included rape victim also and shall immediately inform the place of such incident. No
hospital can deny giving free medical treatment to any victim and if it denies, Section 166B of
Indian Penal Code comes into play under which the punishment is 1 year of imprisonment or fine
or both. Second right is, Right to no two finger test. Under this, no doctor can do two finger test
while medical examination. In 2005, Section 164A is added in Code of Criminal Procedure. And
this section is supported by Supreme Court in Lillu Alias Rajesh and another vs. State of
Haryana 2013(14) SCC 643, and Supreme Court said the two finger test and its interpretation
violates the right of rape survivors to privacy, physical and mental integrity and dignity.

Further, my opinion is based on the YouTube video https://youtu.be/1BWg2ZC718c of Jeevan

Prakash, AOR, Supreme Court and I believe that this is the correct opinion, upon which you can
act safely.

Sd/-
Anupam Pathak
Intern at unAdvocate