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Seeking Medical Help

Last updated on Oct 3, 2024

Survivors have the right to get immediate and free first-aid or medical treatment from medical institutions (both public and private). The institution must also inform the police of the criminal incident.1 If the institution refuses to provide treatment and inform the police, the person in charge of the institution is punishable with imprisonment for up to one year and/or a fine.2

Within 24 hours of receiving information about the criminal incident, the police send the survivor to an authorized doctor for a medical examination. The medical examination can happen only with the consent of the survivor or someone who can consent on her behalf.3 After obtaining consent, the doctor immediately examines the survivor and prepares a detailed report with conclusions about the survivor’s injuries, mental condition, etc.4 The report also records that consent was obtained, and notes the exact time at which the medical examination was started and completed.5 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.6

  1. Section 190(3), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  2. Section 200, Bharatiya Nyaya Sanhita, 2023 [↩]
  3. Section 184(4), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  4. Section 184(2), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  5. Section 184(5), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]
  6. Section 184(6), Bharatiya Nagarik Suraksha Sanhita, 2023 [↩]

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