Bharatiya Nagarik Suraksha Sanhita, 2023
Section 184 BNSS - Medical Examination of Victim of Rape
Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the medical examination of a woman in a case involving alleged rape or attempted rape during investigation. It requires consent, timely referral to a registered medical practitioner, prompt examination, documentation of specified medical and evidentiary particulars, and forwarding of the medical report within the statutory period.
Updated: 11 September 2026
Meaning and scope of Section 184 BNSS
Section 184 applies when an offence of rape or an attempt to commit rape is under investigation and it is proposed to medically examine the woman against whom the offence is alleged to have been committed or attempted. The provision sets out who should conduct the examination, the need for consent, the time within which the woman should be sent for examination, the particulars to be recorded, and the route by which the report reaches the Magistrate.
The section is procedural and evidentiary in character. It seeks to secure timely medical documentation while expressly preserving the requirement of consent.
Text of Section 184 BNSS
184. Medical examination of victim of rape.
(1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.
(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:-
(i) the name and address of the woman and of the person by whom she was brought;
(ii) the age of the woman;
(iii) the description of material taken from the person of the woman for DNA profiling;
(iv) marks of injury, if any, on the person of the woman;
(v) general mental condition of the woman; and
(vi) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.
(5) The exact time of commencement and completion of the examination shall also be noted in the report.
(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.
Explanation.- For the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as respectively assigned to them in section 51.
Consent is mandatory under Section 184
Section 184 expressly requires the consent of the woman or, where legally appropriate, a person competent to give consent on her behalf. The medical report must specifically record that consent was obtained.
Important: Sub-section (7) removes any possible doubt by stating that nothing in Section 184 makes an examination without the required consent lawful.
Twenty-four-hour referral and seven-day report rule
| Stage | Statutory requirement |
|---|---|
| Referral for medical examination | The woman is to be sent to the registered medical practitioner within twenty-four hours from the time information relating to the commission of the offence is received. |
| Medical examination | The registered medical practitioner must examine her without delay. |
| Medical report | The practitioner must record the required particulars, reasons for conclusions, consent, and exact commencement and completion times. |
| Forwarding of report | The registered medical practitioner must forward the report to the investigating officer within seven days. |
What must the medical report contain?
Section 184(2) to (5) requires the report to include the identity and address details specified by the statute, the woman's age, a description of material collected for DNA profiling, any marks of injury, her general mental condition, and other material particulars in reasonable detail.
The practitioner must also state precisely the reasons for each conclusion, expressly record that consent was obtained, and note the exact start and completion time of the examination.
Meaning of "examination" and "registered medical practitioner" under Section 51 BNSS
The Explanation to Section 184 adopts the definitions in Section 51 BNSS.
Under Section 51, "examination" includes examination of blood, blood stains, semen, swabs in sexual-offence cases, sputum and sweat, hair samples and finger nail clippings by modern and scientific techniques including DNA profiling, together with other tests which the registered medical practitioner considers necessary in the particular case.
A "registered medical practitioner" means a medical practitioner holding a medical qualification recognised under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or a State Medical Register under that Act.
Forwarding of the report under Section 193 BNSS
Section 184(6) requires the medical practitioner to forward the report to the investigating officer within seven days. The investigating officer must then forward it to the Magistrate referred to in Section 193 BNSS as part of the documents specified in Section 193(6)(a).
This links the medical report directly with the statutory police-report process at the completion of investigation.
Official legal resources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Ministry of Home Affairs - New Criminal Laws
- Ministry of Home Affairs - BNSS commencement notification
The BNSS came into force on 1 July 2024, subject to the exception stated in the Central Government notification concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.