Hriday Shah
The Karnataka High Court has urged the Central government to amend Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ensure that adult rape victims are examined exclusively by female doctors to protect their privacy. A single-judge bench comprising Justice M. G. Uma instructed both Central and State governments to ensure that, until such an amendment is enacted, rape victims should be examined by or under the supervision of a female registered medical practitioner. The court also emphasized the need for educating and sensitizing key stakeholders, including police officers, prosecutors, doctors, medical personnel, and judicial officers, on handling rape victims with sensitivity.
This directive was issued while denying the bail application of Ajay Kumar Bhera, who faces charges of rape and attempted murder. The court pointed to medical evidence suggesting that the victim had injured Bhera during the incident, supporting her allegations. Justice Uma stated that the evidence indicated Bhera’s responsibility for the crime and denied his bail request due to the severity of the charges.
The court criticized the practice of allowing male medical officers to conduct medical examinations of rape victims, noting that such an examination took about six hours without providing any explanation or opinion. Emphasizing the need for victim-sensitive procedures, the court highlighted that rape victims have a right to privacy that should be respected by police and medical personnel. Section 164-A of the CrPC (Code of Criminal Procedure), which permitted examination by any registered medical practitioner, has been replaced by Section 184 of the BNSS.
The court expressed concern that the unamended provision causes significant injustice and embarrassment to sexual assault victims. It pointed out that female accused have privacy rights under Section 53 of the CrPC (now Section 51 BNSS), which should logically extend to victims as well. The court called on the Additional Solicitor General of India and the State Public Prosecutor to advocate for amending Section 184 of the BNSS and to educate all relevant parties. It also stressed the importance of regular sensitization for judicial officers and accountability for any lapses.
Additionally, the court noted that the hospital’s report was illegible, emphasizing the importance of clear medical reports for investigators, prosecutors, defense lawyers, and courts. It directed hospitals and medical practitioners to provide computer-generated or clearly written medical reports.
Case Title: Ajay Kumar Behera AND State of Karnataka
Bench: Justice M. G. Uma
Diary No: Criminal Petition No. 4074 of 2024