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Seeking Medical Help

Last updated on Apr 8, 2022

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.(( Section 357), Code of Criminal Procedure, 1973.)) 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.(( Section 166B, Code of Criminal Procedure, 1973.))

Within 24 hours of receiving information about the criminal incident, the police sent the survivor to an authorised 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.(( Section 164A(1), Code of Criminal Procedure, 1973.)) After obtaining consent, the doctor immediately examines the survivor and prepares a detailed report with conclusions about the survivor’s injuries, mental condition, etc.(( Section 164A(2), Code of Criminal Procedure, 1973.)) The report also records that consent was obtained,(( Section 164A(4), Code of Criminal Procedure, 1973.)) and notes the exact time at which the medical examination was started and completed.(( Section 164A(5), Code of Criminal Procedure, 1973.)) The doctor immediately sends the medical report to the concerned police officer who is investigating the case, and the officer then forwards it to the Magistrate.(( Section 164A(6), Code of Criminal Procedure, 1973.))

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