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When a medical examination of a woman is proposed during investigation of an allegation of rape, which…

Section 184(1) requires the woman’s consent or the consent of a person competent to give it on her behalf. Subsection (7) confirms that the section does not make an…

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When a medical examination of a woman is proposed during investigation of an allegation of rape, which consent does section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 require?

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Answer and explanation

Correct answer D

Section 184(1) requires the woman’s consent or the consent of a person competent to give it on her behalf. Subsection (7) confirms that the section does not make an examination without the required consent lawful.

The medical report must specifically record that the consent was obtained.

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Option A

Section 184(1) requires the woman’s consent or that of a person legally competent to consent on her behalf. A routine order of a Magistrate supplies neither.

Option B

An investigating officer’s request does not supply the required consent.

Option C

A supervising police officer’s permission does not supply the required consent.

Option D

Section 184(1) expressly requires this consent, and subsection (3) requires the report to record it.

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