CrPC 164A vs BNSS 184: Rape Victim Medical Examination (2026)

In India, Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Section 164A of the Code of Criminal Procedure, 1973 (CrPC) from 1 July 2024. The 24-hour referral, consent requirement and six-item report are unchanged; the doctor must now forward the report "within a period of seven days" instead of "without delay".

At a glance

CrPC	BNSS	Procedure	Key rule	Classification	Change
164A(1)	184(1)	Who examines the woman; consent; referral time	Government or local-authority practitioner, else any registered medical practitioner; consent of the woman or a person competent to consent; sent "within twenty-four hours" of the information	Procedural (no First Schedule row)	Identical
164A(2)	184(2)	Contents of the report	Six particulars, (i) to (vi), including material taken for DNA profiling	—	Identical
164A(3)–(5)	184(3)–(5)	Reasons, record of consent, time of examination	Reasons for each conclusion; consent recorded; exact start and end times	—	Identical
164A(6)	184(6)	Forwarding the report	Doctor to investigating officer: "without delay" → "within a period of seven days"; officer to Magistrate with the Section 173(5)(a) / 193(6)(a) documents	—	Modified
164A(7)	184(7)	No examination without consent	Carried over	—	Identical
Explanation	Explanation	Meaning of "examination" and "registered medical practitioner"	Borrowed from Section 53 CrPC → Section 51 BNSS	—	Minor edit (with a substantive change in the borrowed definition)

The section is procedural: it creates no offence, so neither First Schedule has a row for it. The offence being investigated is rape, now Section 63 (definition) and Section 64 (punishment) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

What changed

A word-by-word comparison of the two texts shows four differences.

Modified — time to forward the report (s.184(6)). Section 164A(6) CrPC: the registered medical practitioner "shall, without delay forward the report to the investigating officer". Section 184(6) BNSS: the practitioner "shall, within a period of seven days forward the report to the investigating officer". The new words fix an outer limit that the old text did not state.
Minor edit — cross-references in s.184(6). The investigating officer forwards the report to "the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section". The CrPC referred to section 173 and sub-section (5). Both clauses cover "all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation".
Minor edit — the Explanation. Section 164A: "examination" and "registered medical practitioner" have "the same meanings as in section 53". Section 184: they have "the same meanings as respectively assigned to them in section 51".
Minor edit — heading. "Medical examination of the victim of rape" becomes "Medical examination of victim of rape".

Because the definition is borrowed, a change in Section 51 changes Section 184. The Explanation to Section 53 CrPC defined a registered medical practitioner as one holding a qualification "as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956" whose name was entered in "a State Medical Register". The Explanation to Section 51 BNSS refers to a qualification "recognised under the National Medical Commission Act, 2019" and entry "in the National Medical Register or a State Medical Register under that Act". The definition of "examination", which includes DNA profiling and "such other tests which the registered medical practitioner thinks necessary in a particular case", is the same in both.

Everything else is identical: the trigger ("during the stage when an offence of committing rape or attempt to commit rape is under investigation"), the order of preference for the doctor, the consent requirement, the 24-hour referral, the six particulars, and sub-sections (3), (4), (5) and (7).

One CrPC feature does not appear in the BNSS text. The official CrPC text records a Chhattisgarh amendment (Chhattisgarh Act 25 of 2015, s.10) substituting "female registered medical practitioner" for the first occurrence of "registered medical practitioner" in Section 164A. Section 184 BNSS as enacted by Parliament contains no such word.

Statutory text (relevant extract)

Extract, Section 164A(6) CrPC:

(6) The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

Extract, Section 184(6) BNSS:

(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.

Extract, Section 184(7) BNSS (same words as Section 164A(7) CrPC):

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

How it works — the steps

Trigger (s.184(1)). The section applies "during the stage when an offence of committing rape or attempt to commit rape is under investigation" and it is "proposed to get the person of the woman … examined by a medical expert".
Who examines (s.184(1)). First choice: a registered medical practitioner "employed in a hospital run by the Government or a local authority". Only "in the absence of such a practitioner" may "any other registered medical practitioner" conduct it.
Consent (s.184(1), (4), (7)). The examination proceeds "with the consent of such woman or of a person competent to give such consent on her behalf". The report must "specifically record" that consent was obtained, and sub-section (7) makes clear that no examination without consent is rendered lawful by the section.
Time to send her (s.184(1)). The woman "shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence".
Examination and report (s.184(2)). The practitioner "shall, without delay, examine her person and prepare a report" giving: (i) the name and address of the woman and of the person by whom she was brought; (ii) her age; (iii) "the description of material taken from the person of the woman for DNA profiling"; (iv) marks of injury, if any; (v) her general mental condition; and (vi) "other material particulars in reasonable detail". Note that "without delay" survives in sub-section (2) for the examination itself; only the forwarding in sub-section (6) acquired a seven-day limit.
Reasons and timing (s.184(3), (5)). The report "shall state precisely the reasons for each conclusion arrived at" and note "the exact time of commencement and completion of the examination".
Forwarding (s.184(6)). The practitioner sends the report to the investigating officer "within a period of seven days"; the officer forwards it to the Magistrate with the police report documents under Section 193(6)(a).

The words "examination" and "registered medical practitioner" carry the Section 51 meanings: examination includes "blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling".

What this means in practice

For the investigating officer. The 24-hour clock in Section 184(1) runs "from the time of receiving the information relating to the commission of such offence". The officer must also obtain the report from the doctor and forward it to the Magistrate with the Section 193(6)(a) documents.
For the examining doctor. Examine "without delay" (s.184(2)); record reasons for each conclusion, the consent, and the exact start and finish times (s.184(3)–(5)); forward the report "within a period of seven days" (s.184(6)). On a reading of the text, seven days is an outer limit — the sub-section does not say the doctor may wait that long.
For the woman and her family. The examination needs her consent or the consent of a person competent to give it on her behalf (s.184(1)), and the report must record it (s.184(4)). Separately, Section 397 BNSS (formerly Section 357C CrPC) requires all hospitals, public or private, to "immediately, provide the first-aid or medical treatment, free of cost" to victims of offences under Sections 64 to 68, 70, 71 and 124(1) BNS and specified sections of the POCSO Act, 2012, and to inform the police.
For the advocate. Check the report against Section 184(2)–(5): each of the six particulars, reasons for each conclusion, the consent record, and both time entries. Then check the dates: the time the information was received, the time the woman was sent (24 hours), and the date the report reached the investigating officer (seven days). The section does not state the consequence of a missed deadline; any argument on that point is a reading, not a rule found in the text.

The medical examination of the accused in a rape case is a different provision — Section 52 BNSS (formerly Section 53A CrPC). See the page on medical examination of the accused.

Judgments that still matter

No Supreme Court judgment dated on or after 1 July 2024 construing Section 184 BNSS was traced. The judgments below were decided under the CrPC. The operative words of Sections 184(1)–(5) and (7) repeat those of Section 164A, so on a reading of the text these rulings remain relevant to Section 184.

Lillu @ Rajesh & Anr. v. State of Haryana, [2013] 2 S.C.R. 774 (2013 INSC 243), 11 April 2013 — Dr. B.S. Chauhan and Fakkir Mohamed Ibrahim Kalifulla, JJ. The medical report in a rape case recorded that the vagina "admitted two fingers". The Court said the two-finger test "requires a serious consideration" (para 7). At para 12 it held that rape survivors "are also entitled to medical procedures conducted in a manner that respects their right to consent". At para 13 it held that "the two finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity", and that the test, "even if the report is affirmative", cannot "ipso facto" give rise to a presumption of consent. The appeal by the convicted accused was dismissed (para 14). This bears directly on how the Section 184(2) report is prepared and read.

State of Karnataka by Nonavinakere Police v. Shivanna @ Tarkari Shivanna, [2014] 5 S.C.R. 812 (2014 INSC 345), 25 April 2014 — Gyan Sudha Misra and V. Gopala Gowda, JJ. Exercising powers under Article 142 of the Constitution, the Court issued "interim directions in the form of mandamus" to all police stations (para 9). Direction (v) states that Section 164A, inserted by Act 25 of 2005, "imposes an obligation on the part of Investigating Officer to get the victim of the rape immediately medically examined", and that a copy of the report "should be immediately handed over to the Magistrate who records the statement of the victim under Section 164 Cr.P.C." Directions (i) to (iv) concern taking the victim to a Magistrate for her Section 164 statement and recording reasons for any delay exceeding 24 hours. Para 10 directed circulation to police chiefs for compliance in cases "registered on or after the receipt of a copy of these directions". These were interim directions in an order, not a final judgment.

State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai, [2022] 13 S.C.R. 1033 (2022 INSC 1139), 31 October 2022 — Dr. Dhananjaya Y Chandrachud and Hima Kohli, JJ. The State appealed against the High Court's acquittal in a rape-and-murder case. The Court set aside the High Court's decision and restored the Sessions Court's conviction and sentence (para 59). Because the medical board had conducted a "two-finger test", the Court said the test "has no scientific basis and neither proves nor disproves allegations of rape" (para 60), and that a woman's sexual history "is wholly immaterial while adjudicating whether the accused raped her" (para 62). It directed the Union and State Governments to circulate the Ministry of Health and Family Welfare guidelines to all government and private hospitals, conduct workshops for health providers, and review medical curricula (para 66), and stated that any person conducting the "two-finger test" or per vaginum examination "in contravention of the directions of this Court shall be guilty of misconduct" (para 68). The appeal was allowed (para 69).

Which law applies to your case

Section 531(2)(a) BNSS provides that any investigation pending immediately before 1 July 2024 is to be continued in accordance with the CrPC "as if this Sanhita had not come into force". On a reading of that provision, a medical examination in an investigation pending on that date is governed by Section 164A CrPC, and one in an investigation begun on or after that date by Section 184 BNSS. For the full transition rules, see which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNSS equivalent of Section 164A CrPC?

Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 164A of the Code of Criminal Procedure, 1973 from 1 July 2024. It governs the medical examination of a woman with whom rape is alleged to have been committed or attempted, while the offence is under investigation. The seven sub-sections and the Explanation carry over, with one substantive change to the time for forwarding the report.

What changed in the medical examination of a rape victim under the BNSS?

Under Section 164A(6) CrPC the doctor had to forward the report to the investigating officer 'without delay'. Section 184(6) BNSS says 'within a period of seven days'. The other changes are drafting and cross-reference changes: the report goes with the documents under Section 193(6)(a) BNSS, and the definitions come from Section 51 BNSS.

Within how many hours must the victim be sent for medical examination?

Section 184(1) BNSS, like Section 164A(1) CrPC, requires that the woman 'shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence'. The time runs from receipt of the information, not from registration of the case. The period is unchanged.

Can a rape victim be medically examined without her consent?

No. Section 184(1) BNSS requires the consent of the woman or of a person competent to give consent on her behalf, Section 184(4) requires the report to record that consent, and Section 184(7) says nothing in the section renders lawful any examination without that consent. These words are carried over unchanged from Section 164A CrPC.

Who can conduct the medical examination under Section 184 BNSS?

A registered medical practitioner employed in a hospital run by the Government or a local authority, and in the absence of such a practitioner, any other registered medical practitioner. The term takes its meaning from the Explanation to Section 51 BNSS: a practitioner with a qualification recognised under the National Medical Commission Act, 2019 whose name is entered in the National Medical Register or a State Medical Register.

What must the medical report of a rape victim contain?

Section 184(2) BNSS lists six particulars: the name and address of the woman and of the person who brought her, her age, a description of material taken for DNA profiling, marks of injury, her general mental condition, and other material particulars. Section 184(3) requires reasons for each conclusion, Section 184(4) the record of consent and Section 184(5) the exact start and end times.

Is the two-finger test allowed during the examination?

Section 184 BNSS does not mention it. In Lillu v. State of Haryana, [2013] 2 S.C.R. 774, the Supreme Court held that the two-finger test and its interpretation violate the right of rape survivors to privacy, physical and mental integrity and dignity. In State of Jharkhand v. Shailendra Kumar Rai, [2022] 13 S.C.R. 1033, it said anyone conducting the test in contravention of its directions shall be guilty of misconduct.

Does Section 184 BNSS apply to a case registered before 1 July 2024?

Section 531(2)(a) BNSS provides that an investigation pending immediately before the BNSS came into force is to be continued in accordance with the CrPC as if the BNSS had not come into force. On a reading of that provision, a medical examination in an investigation already pending on 1 July 2024 falls under Section 164A CrPC, with its 'without delay' wording.

Sources

Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette of India text): Sections 51 (Explanation), 184, 193(6)(a), 397, 531(2)(a).
Code of Criminal Procedure, 1973 (original India Code PDF text): Sections 53 (Explanation), 164A with its footnote (inserted by Act 25 of 2005, s.17, w.e.f. 23-6-2006) and the Chhattisgarh State amendment, 173(5)(a), 357C.
Bharatiya Nyaya Sanhita, 2023 (Gazette of India text): Sections 63, 64.
Lillu @ Rajesh & Anr. v. State of Haryana, [2013] 2 S.C.R. 774 — corpus file 2013_2_774_782_EN.md.
State of Karnataka by Nonavinakere Police v. Shivanna @ Tarkari Shivanna, [2014] 5 S.C.R. 812 — corpus file 2014_5_812_817_EN.md.
State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai, [2022] 13 S.C.R. 1033 — corpus file 2022_13_1033_1063_EN.md.

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 164A CrPC vs Section 184 BNSS — Medical Examination of the Victim of Rape