Section 164A CrPC
Definition
The provision of India's former Code of Criminal Procedure requiring the medical examination of rape complainants by a registered medical practitioner within 24 hours of a complaint, with written consent and a prescribed examination form submitted to the investigating officer.
- Statute
- Former Code of Criminal Procedure, s.164A
- Requirement
- Medical exam within 24 hours of complaint
- Consent
- Written consent required
- Status
- Substance carried forward into BNSS 2023
Common questions
Why did Section 164A CrPC require examination within 24 hours of complaint?+
Prompt examination was intended to preserve time-sensitive forensic evidence, such as biological material and injury patterns, before it degraded or healed, while also expediting medical and psychological care for the complainant.
What role did consent play under Section 164A?+
The examination required the complainant's written consent, or that of a parent or guardian if she was a minor or otherwise unable to consent, reflecting that the exam serves evidentiary and medical purposes rather than a compulsory search.
Has Section 164A CrPC been repealed and replaced?+
Yes, its substance was carried forward into India's replacement criminal procedure code, the Bharatiya Nagarik Suraksha Sanhita 2023, following the 2023 overhaul of the CrPC, IPC, and Evidence Act.
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