The Vishakha guidelines (now superseded by POSH Act 2013) and its medicolegal relevance relates to workplace sexual harassment. Under the BNSS 2023, the section governing the examination of a rape victim by a medical practitioner requires the examination to be done preferably by a:
- A Male doctor in the presence of a female relative
- B Any registered medical practitioner without gender restriction
- C Female doctor; if not available, a male doctor in the presence of a female guardian or a female police officer ✓
- D Government hospital specialist only, not a private practitioner
Correct answer: C. Female doctor; if not available, a male doctor in the presence of a female guardian or a female police officer
Explanation
BNSS Section 184 (replacing CrPC Section 164A) mandates that the medical examination of a rape victim must be conducted by a female registered medical practitioner. Only if a female doctor is not available can a male doctor perform the examination, and it must be done in the presence of a female guardian or a female police officer. The examination must be conducted with consent, and the report must be furnished to the police within 24 hours. Any registered medical practitioner (government or private) can perform this examination.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
Written and medically reviewed by the StethoPrep medical team.