The Court pointed out that Section 184 of the BNSS that pertains to medical examination of an adult victim of sexual assault is a “verbatim” copy of Section 164A of the now repealed Code of Criminal Procedure (CrPC).
Both provisions, old and new, provide that such victim is to be examined by any registered medical professional whether male or female, the Court noted.
This provision is at odds with provisions of the POCSO Act relating to the medical examination of minor victims of sexual assault and rape, and also the medical examination of a female accused person in cases of rape and sexual assault, both under the BNSS and the CrPC.
The POCSO Act mandates that minor victims should be examined by women doctors only.
Similarly, Sections 53 and 51 of CrPC and BNSS mandate that female accused persons must be examined only by a female medical professional or at least under the supervision of a female doctor, the High Court noted.
Source: Barandbench
