Section 27 POCSO Act 2012: Medical Examination of a Child
Section 27 of the Protection of Children from Sexual Offences Act, 2012 provides special safeguards for the medical examination of a child in relation to an offence under the Act. Importantly, the examination is not dependent on prior registration of a First Information Report or complaint.
Text of Section 27 of the POCSO Act
27. Medical examination of a child.
(1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.
Meaning and Scope of Section 27
Section 27 forms part of the child-friendly procedural framework of the POCSO Act. It regulates how a child is medically examined after an alleged POCSO offence and creates safeguards concerning timing, the doctor conducting the examination, and the presence of a trusted adult.
1. Medical examination can take place before registration of FIR
Section 27(1) expressly states that the medical examination may be conducted even when a First Information Report or complaint has not yet been registered. Medical care and examination therefore need not await completion of the formal reporting process.
2. Girl child must be examined by a woman doctor
Under Section 27(2), where the victim is a girl child, the medical examination must be conducted by a woman doctor. This is an express statutory safeguard and is not merely an administrative preference.
3. Parent or trusted person should be present
Section 27(3) requires the examination to be conducted in the presence of the child's parent or another person in whom the child reposes trust or confidence. This safeguard is intended to reduce distress and provide support to the child during the medical process.
4. Alternative safeguard when the trusted person cannot attend
If the parent or other trusted person cannot be present for any reason, Section 27(4) requires the medical examination to take place in the presence of a woman nominated by the head of the medical institution.
Section 164A CrPC and the Current BNSS Position
The enacted text of Section 27(1) POCSO Act expressly refers to Section 164A of the Code of Criminal Procedure, 1973. Section 164A CrPC prescribed the procedure for medical examination of the victim of rape, including examination without delay, preparation of the medical report and forwarding of the report to the investigating officer.
Current procedural law: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973, subject to the savings contained in Section 531 BNSS. Section 184 BNSS now contains the provision dealing with medical examination of the victim of rape. The express wording of Section 27 POCSO Act continues to mention Section 164A CrPC, so the applicable procedural framework should be read with the BNSS repeal and savings provisions for proceedings governed by the new law.
| Provision | Subject | Current procedural reference |
|---|---|---|
| Section 27 POCSO Act | Medical examination of a child in a POCSO case | Special POCSO safeguard continues to apply |
| Section 164A CrPC | Medical examination of victim of rape | CrPC provision expressly referred to in Section 27 |
| Section 184 BNSS | Medical examination of victim of rape | Current corresponding procedural provision for matters governed by BNSS |
| Section 531 BNSS | Repeal and savings | Determines continuation of specified pending proceedings under the former CrPC |
Emergency Medical Care Under the POCSO Rules
The POCSO Rules supplement the Act by providing for emergency medical care where a child needs urgent treatment and protection. The child-protection procedure requires the police or Special Juvenile Police Unit, where applicable, to arrange access to appropriate medical care without unnecessary delay. Medical care is to be provided with attention to the child's privacy, dignity and protection.
Medical treatment and emergency care should not be withheld merely because formal criminal-process steps are incomplete. Section 27 itself makes clear that the statutory medical examination does not depend on prior registration of an FIR or complaint.
Medical Examination and Child-Friendly Procedure
Section 27 should be read with the wider safeguards in the POCSO Act. Section 24 regulates recording of a child's statement by police, Section 25 concerns recording of the child's statement by a Magistrate, and Section 26 provides additional safeguards concerning trusted persons, interpreters, experts and audio-video recording.
Key Points of Section 27 POCSO Act
- Medical examination of the child does not require prior registration of an FIR or complaint.
- The statutory text refers to Section 164A CrPC for the examination procedure.
- For matters governed by the BNSS after 1 July 2024, Section 184 BNSS contains the corresponding provision concerning medical examination of the victim of rape.
- A girl child must be medically examined by a woman doctor.
- The child's parent or another person in whom the child has trust or confidence should be present during the examination.
- If such a person cannot be present, a woman nominated by the head of the medical institution must be present.
- The POCSO Act and Rules are intended to ensure medical care is delivered through a child-sensitive process that protects privacy and dignity.
Official Legal Resources
For authoritative statutory material and current child-protection guidance, refer to the National Commission for Protection of Child Rights POCSO Act and Rules resources, the NCPCR child-protection guidelines and the India Code portal.
Updated: 3 October 2026. This page provides general legal information on Section 27 of the POCSO Act and related procedural safeguards.