Section 27 Of The Protection Of Children From Sexual Offences Act 2012
Original Text
27. Medical examination of a child.—
(1) The medical examination of a child in respect of whom any offence has been committed under this Act, shall, notwithstanding that a First Information Report or complaint has not been registered for the offences under this Act, be conducted in accordance with section 164A of the Code of Criminal Procedure, 1973 (2 of 1973).
(2) In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
(3) The medical examination shall be conducted in the presence of the parent of the child or any other person in whom the child reposes trust or confidence.
(4) Where, in case the parent of the child or other person referred to in sub-section (3) cannot be present, for any reason, during the medical examination of the child, the medical examination shall be conducted in the presence of a woman nominated by the head of the medical institution.
Visual Summary
No FIR Required
Medical exam must proceed even if no official police complaint is filed yet.
Female Doctor
If the victim is a girl, the examination must be conducted by a woman doctor.
Trusted Presence
Parents or a trusted person must be present during the exam.
Nominated Woman
If parents are absent, the hospital head must nominate a woman to be present.
Summary
Section 27 of the POCSO Act lays down strict protocols for the medical examination of a child victim. Its primary goal is to ensure the child’s health and evidence collection are prioritized over bureaucratic procedures.
Key aspects include:
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Immediate Action: A medical examination cannot be delayed or denied simply because an FIR (First Information Report) or formal complaint hasn’t been registered yet. -
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Gender Sensitivity: To ensure comfort and dignity, if the victim is a girl, the doctor examining her must be a woman. -
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Support System: The child should not be alone with medical staff. A parent or someone the child trusts must be in the room. If such a person is unavailable, the hospital must appoint a woman to be present to ensure the child’s safety and comfort.
Key Takeaways
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Priority over Paperwork: Medical needs supersede the registration of a police case. -
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CrPC 164A Compliance: The exam follows standard criminal procedure protocols for evidence collection. -
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Mandatory Presence: A trusted adult or a nominated woman must witness the exam to protect the child. -
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Female Doctor Requirement: Mandatory for girl victims to ensure comfort.
Process Flowchart
Practice Questions
Q1. Is the registration of an FIR mandatory before conducting a medical examination of a child under the POCSO Act?
Show Answer
No. Section 27(1) explicitly states that the medical examination shall be conducted notwithstanding that an FIR or complaint has not been registered.
Q2. Who must conduct the medical examination if the victim is a girl child?
Show Answer
A Woman Doctor. As per Section 27(2), a girl child must be examined by a female doctor.
Q3. If parents are unavailable during the medical exam, who should be present?
Show Answer
A Nominated Woman. Section 27(4) states that a woman nominated by the head of the medical institution shall be present.
Related Provisions
- Section 19: Reporting of offences
- Section 24: Recording of statement of a child
- Section 164A, CrPC: Medical examination of the victim of rape
Conclusion
Section 27 of the POCSO Act is a critical safeguard that prioritizes the immediate welfare of the child over procedural formalities. By mandating that medical examinations proceed without waiting for an FIR and ensuring the presence of trusted adults or female doctors, the Act seeks to minimize trauma and prevent the re-victimization of the child within the medical system.