SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS

Author – SHARUK AHAMED.S, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – SHARUK AHAMED.S, SECTION 184(6) OF BNSS VS SECTION 164A (6) OF CRPC FOCUSING ON TIME-BOUND MEDICAL EXAMINATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 159-167, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This comparative study examines the provisions governing time-bound medical examinations under Section 184(6) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Section 164A(6) of the Code of Criminal Procedure (CrPC), 1973. Both sections address the necessity of prompt medical examinations in criminal cases, particularly sexual assault, but differ in their legislative intent, scope, and procedural requirements. This paper explores the legal obligations imposed on law enforcement and medical professionals, highlighting how these sections protect the rights of victims by ensuring timely medical documentation.

The research compares the legal frameworks, focusing on the statutory language, time frames, procedural safeguards, and the consequences of non-compliance. Additionally, the study analyzes judicial interpretations and case laws that have shaped the enforcement of these provisions. Through a critical examination of challenges faced in implementation, particularly resource constraints and inter-agency coordination, the article proposes practical recommendations for harmonizing BNSS and CrPC. It emphasizes the importance of training, technological infrastructure, and compliance mechanisms to improve the efficacy of medical examinations in securing justice for victims.