Mandatory Medical Examination Of Persons Accused Of Rape Under Section 53A Of The CrPC

Mandatory Medical Examination Of Persons Accused Of Rape Under Section 53a Of The Criminal Procedure Code: A Case Commentary On Richpal Kharra Vs. State Of Rajasthan

Simran Chaudhary, Delhi Metropolitan Education, Noida (GGSIP University, New Delhi)

ABSTRACT

This article provides a comprehensive analysis and commentary on the landmark case of “Richpal Kharra vs. State”2, which revolves around the mandatory medical examination of individuals accused of rape under Section 53A of the Criminal Procedure Code (CrPC). The article delves into the implications and significance of this legal provision within the context of rape investigations, focusing on its role in safeguarding the rights of both the accused and the victim. By examining key arguments and conclusions presented in the case, the article aims to contribute to the ongoing discourse surrounding the necessity and effectiveness of mandatory medical examinations in rape cases, with the ultimate goal of promoting a fair and just legal framework for all parties involved. The research also highlights the importance of DNA profiling in criminal identification and its recognition within the criminal justice system. The article discusses the mandatory nature of Section 53A and the responsibilities of medical examiners in collecting materials for DNA profiling, emphasizing the provision's imperative role in establishing the innocence of the accused. Overall, the aim of this case commentary is to shed light on the legal framework surrounding mandatory medical examinations in rape cases, emphasizing the need for reliable evidence and fair justice.

Keywords: rape investigations, Section 53A, DNA profiling, criminal identification, fair trial