FIR:
Registering an FIR is the first step in the process of setting the criminal justice machinery into motion
officially. Without an FIR, criminal redress cannot be obtained. This is done under S.154, CrPC, as
amended by the 2013 Amendment. It is mandatory for a police officer to file the FIR, failing which he
may be punished with imprisonment for a period of 2 years. In case the complainant approaches a
police station within whose jurisdiction the offence does not fall, the police station can still not
refuse to register the FIR.
Medical Examination:
The medical examination follows the registration of the FIR. The purpose of the examination under
the amended law is to provide first aid to the victim, psychological counseling to cope with trauma
associated with the assault, in addition to, documenting bodily injuries and condition for evidentiary
purposes. Like all medical procedures, this examination can only be conducted with the express
consent of the patient, more so, since it involves invasive procedures. Procedurally, the Investigating
Officer takes the complainant for her medical examination immediately after the registration of FIR,
within 24 hours; in some cases however, the medical examination might precede the FIR. It is
important that the examination is conducted at the earliest after the crime, so that the significant
evidence (such as semen, scratches, hair etc) from the body of the complainant is not lost. While it is
desirable that the complainant does not bathe, clean, change her clothes, urinate or defecate until
after the examination is complete, this is not always the case as the trauma of the assault and the
stigma of disclosure silences women until such time they find the courage and support to complain.
In such cases, evidence may be lost, which is not damaging to the case, so long as the medical report
states the delay, and records the intervening activities which explain the loss of evidence. The
protocol remains, that whenever rape is reported, the medical examination must follow at the
earliest.
Consent:
Seeks the express consent of the complainant for the examination.
Seizure of Clothes:
Clothes of the victim are seized during the medical examination, and forwarded for a forensic
analysis to ascertain traces of DNA to identify the accused. This procedure is undertaken if the
complainant is wearing the same clothes that she was wearing at the time when the assault took
place, and they have not been washed since. This is usually the case when the medical examination
is conducted shortly after the incident of assault. Since the purpose of seizing the clothes is to
harvest evidence.
Internal Examination of the Complainants:
In internal examination of the complainant’s vagina to test for injuries and infection.
Counseling:
Recognising the impact of rape on the psychological and emotional state of the complainant, the
MoHFW Guidelines prescribe that the medical examination must also include psychological
counseling to help her cope with in the aftermath of the assault, including in relation to the social
and cultural notions of stigma and shame, within her family or community.
Sensitivity of Personnel:
The MoHFW Guidelines expressly require medical personnel to treat the survivor with sensitivity,
care and respect.
164 Statement to the Magistrate:
As per the 2013 Amendment, this statement must be recorded as soon as possible after the FIR in
cases of sexual violence. The Magistrate should ensure that the person making the statement under
S. 164 is making the statement voluntarily without any duress with full knowledge that the
statement would be used as evidence in the later stage in the trial.
The S.164 statement to the Magistrate proceeds as per protocol. Within a short period after the FIR
is registered, the victims are taken to the Magistrate for their statement. After asking preliminary
questions to test the fitness of the victim to give the statement, and to check whether she is under
coercion, her statement is duly recorded.
