Abinaya R, School of Excellence in Law, The Tamilnadu Dr. Ambedkar Law University
ABSTRACT
When it comes to rape, medical examination plays a very important role as in most of the cases there will be no eye-witness to that particular offence. Medical examination of person accused of rape has become a mandatory provision after the Amendment Act 2005.1 Evidences collected through medical examination can be useful to establish a link between the accused and the offence. As we have seen in a landmark judgement,2 right is privacy is a part of our fundamental right under Article 21, whether this mandatory medical examination will be unconstitutional or will it be against Article 20(3) of the Indian Constitution? This article answers to these questions discusses in detail with the evidentiary value of the medical examination and various techniques that were followed in examining the victim. There are also lot of instances where medical examination cannot serve its best role. The reasons for those will be discussed in this article.
