AJAY KUMAR BEHRA AND STATE OF KARNATAKA, CRIMINAL PETITION NO. 4074 OF 2024
FACTS: The FIR was initially filed by a relative of the victim against an unknown person. The victim later identified the petitioner, alleging in a Section 164 Cr.P.C. statement that he had forcibly entered her home, threatened her with a knife, assaulted her, and committed penetrative sexual assault. Despite her attempts to escape, she managed to injure him with a cooker lid. Medical records from Vijayashree Hospital and Victoria Hospital, Bengaluru, documented multiple injuries, including grievous ones. However, Vanivilas Hospital's examination on November 16, 2023, lacked both a final and provisional opinion on the sexual assault, leading to discrepancies in reporting.
ISSUE: Should Section 184 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) be amended to mandate that medical examinations of adult rape victims be conducted only by female practitioners?
OBSERVATION: The Karnataka High Court has urged the Central Government to amend Section 184 of the BNSS to require that medical examinations of adult rape victims be performed solely by female doctors to protect their privacy. Justice MG Uma directed that until such an amendment is made, examinations must be conducted by or under the supervision of female registered medical practitioners. The Court also called for the education and sensitization of all relevant stakeholders, including police, prosecutors, doctors, and judicial officers.
