Insertion of two new sections 164 A and 164 B Act V of 1898.

A)        section 164 A Medical examination of the victim of rape. etc.

(1)   Where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape unnatural offence or sexual abuse under section 376, section 377 or section 377-B, respectively of the Pakistan Penal Code, 1860, is under investigation the victim shall be examined by a registered medical practitioner in the case of female victim by a female registered medical practitioner immediately after the commission of such offence.

      Provided that in all cases, where possible the female victim shall be escorted by a female police officer or a family member from a place of her convenience to the place of medical examination.

(2)   The registered medical practitioner to whom such victim is sent shall without delay examine him or her and prepare a report of the examination giving the following particular namely:

a)      The name and address of the victim and of the person by whom she was escorted;

b)      The age of the victim

c)      The description of material taken from the body of the victim for DNA profiling;

d)      Marks of injury if any on the body of the victim

e)      General mental condition of the victim; and

f)       Other material particular in reasonable detail;

(3)   The report shall state precisely the reason for each conclusion arrived at.

(4)   The report shall specifically record that the consent of the victim or of his or her natural or legal guardian to such examination had been obtained.

(5)   The exact time of commencement and completion of the examination shall also be noted in the report.

(6)   The registered medical practitioner shall without delay forward the report to the investigation officer who shall forward it to the magistrate along with other requirement as specified under clause (a) of sub-section (1) of section 173.

(7)   Nothing in this section shall be construed as rendering lawful any examination without the consent of the victim or of any person authorized under sub- section (4).

                  Explanation:   In this section “registered medical practitioner” means a medical practitioner who possesses any qualification recognized as such under the Pakistan Medical and Dental Council Ordinance and whose name has accordingly been entered in a Registered maintained by the said Council and has been authorized by the Government to conduct such examination.

Section 164. DNA test

(1)     Where an offence under section 376, section 377 B of the Pakistan Penal Code is committed or attempted to have been committed or is alleged to have been committed Deoxyribonucleic Acid (DNA) samples, where practicable, shall be collected from the victim, with his or her  consent or with the consent of his or her natural or legal guardian and the accused during their medical examination conducted under section 164 A, within optimal time period of receiving information relating to the commission of such offence.

(2)   The DNA samples collected under sub-section (1) shall at the earliest be sent for investigation to a forensic laboratory where at these shall be properly examined and preserved:

                        Provided that the confidentially of such examination shall at all times be observed;

This FAQ is prepared by Sadia Saman Advocate