Medical Examination of the Victim under Code of Criminal Pro

Introducing my topic, the first important question is �who is a victim�? The victim of a crime is an important player in the administration of justice both as a complainant/informant and as a witness for the prosecution/state. His or her role is vital both at the stage of investigation and at the trial stage. Without the victim�s active support, the investigation of a crime may not come to a logical end. At the same time, the victim�s testimony in court, especially if the crime is a violent one, can be said to be the best piece of evidence that can be used against the accused. Till know, it has not been defined under IPC as well as CrPC. The General Assembly of the United Nations in its 96th plenary meeting on November 29, 1985 made a Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. The declaration defines victims as �persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are violations of criminal laws operative within member states, including those laws prescribing criminal abuse of power�

In the Code of Criminal Procedure (Amendment) Bill 2006, the �Victim� is defined as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir.[1]

Now coming to main topic of my discussion, Medico-legal report (MLR) of an individual is the base of First Information Report. In general practices, the victim presents the MLR report before the Court (the report preferably of civil hospital but in some circumstances it can be of private hospital) and the Court on the basis of MLR, cross-examine the doctor.

Section 164 A, inserted in the Code by 2005 amendment act made specific provision for medical examination of the victim of rape or a victim on whom attempt has been made. The language used in this Section is gender specific and literally refers only to female victims of rape. The important provisions for this section are:

Who Can Conduct the Examination?

If it is proposed to get the woman who has been subjected to the offence medically examined, the examination should be conducted by a registered medical practitioner who is employed at a hospital or at a hospital which is run by a local authority.

However, if such a doctor is not available, any other registered medical practitioner may conduct the examination.

A registered medical practitioner is who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956 ) and whose name has been entered in a State Medical Register. Moreover, the examination as used in this section cannot be restrictively confined only to the examination of the skin or what is visible on the body itself. The examination includes testing his blood, sputum, urine etc. It may include X-ray examination or taking electrocardiograph depending upon the nature of the case. X �rays will be useful in investigation by determining the sex-age superimposition, and height of the person by detecting old fractures, to locate bullet emboli etc.

Consent

The examination can only be conducted with the consent of either the victim herself or the consent of someone who is competent to give such consent on her behalf. An examination which is conducted without such consent is not lawful.

The woman must be sent to the doctor who is to conduct the examination within twenty-four hours after the police receive information regarding the offence.

The Examination

The examination can be carried out when the offence is being investigated. It may include the examination of blood, blood stains, swabs, sputum, sweat, etc., by the use of modern and scientific techniques including DNA profiling and any other tests which the doctor may think are necessary. When a woman is sent to a registered medical practitioner to be examined in these circumstances, the doctor is required to examine her without delay and once he has examined her, prepare a report of the findings of the examination.

The Report

The report must state exactly when the examination began and ended. In addition to this, it must clearly identify the woman, describe the material taken from her person for DNA profiling, list marks or injuries on her person, record her general mental condition and mention other material particulars in reasonable detail. The doctor must give reasons for each his conclusions.

After the report has been written, the doctor is required to forward it to the Investigation Officer involved in the case. The IO then forwards it to the Magistrate empowered to take cognizance of the offence on a police report. The report of the doctor�s examination is considered to be one of the documents on which the prosecution hopes to rely on at trial.

The medical examination of a rape victim lay down important duties both on the doctors and the judges. It is mandatory on the part of doctors that they should attend the victim as early as possible. It is obligatory on them that they should not disclose the name of the victim. Before examination, they should try to ease the victim by creating friendly environment. Doctor can start discussion with their relatives first to give time to the victim to feel relax.

Even for the judiciary, it is obligatory not to disclose the name of the victim. The section 228 A (1) of IPC, 1860 also made it mandatory for both, not to disclose victim�s name. The case proceeding should be in Camera. The provisions given under 327(2) and (3) states that the rape proceedings should be conducted �in camera�[2]

It is obligatory on the part of the Doctor to prepare �Rapid Reference Sheet.� This sheet will basically provide:[3]

1) Consent of the victim.

2) Detailed General History which includes past medical illnesses, accident, surgeries etc.

3) Detailed Specific History which includes discussion on the present incident.

4) Proper clinical examination which includes examine the whole body, record all injuries etc.

5) Examine the affected portions which include injury to various parts.

6) Examine all clothes which include inspection of each item.

7) Examination should be by use of proper equipments like gloves, slides, clean paper bags etc.

Not only the section 164 but section 174 also talks about examination of deceased body. The object of the proceedings under this section is to ascertain whether a person has died under Post suspicious circumstances or an unnatural death and if so what apparent cause of the death is. Section 174(3) gives discretion to the police officer not to send the body for post-mortem examination by the medical officer only in one case, namely, where there can be no doubt as the cause of the death. This discretion need to be exercised honestly.

Section 174 states that:

174. Police to inquire and report on suicide, etc

(1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted;

(2) The report shall be signed by such police officer and other persons, or by so many of them as

concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional

Magistrate

(3) When�

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Section 176 (3) provides that in order to discover the cause of custodial death, the magistrate may cause the body to be examined. The section appears to be based on the assumption that it is not always safe or advisable to rely upon the inquest made by the police officer, particularly when it relates to the death of a person in police custody. Section 176(1-A) has been inserted in 2005. It provides that in the case of death in custody or rape in custody, the court can conduct an inquiry which is other than police investigation.[4] The body should be got examined by a Civil Surgeon or Recognized Medical Practitioner within twenty four hours of the death of the person.

In above circumstances post-mortem report will bring out desire outcome. The object of the autopsy is:[5]

Find out the cause of death

Mode of death

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