Volume 33 Issue 1: January- June 2024

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Table of Contents

Article No.  12

Title

Medicolegal Aspects of Examination of Accused of Sexual Offences.

Authors

Sachin S Patil, Ravindra B Deokar, Rajesh C Dere.

Abstract

With the implementation of Protection of Children from Sexual Offences (POCSO) Act in 2012 the scope of legal definitions and requirements related to sexual offences has been widened. The legal framework necessitates that medical examinations follow to stringent procedures to confirm that evidence is collected in such a way that of chain of custody is properly maintained along with proper documentation. The timing of medical examinations is vital for collecting evidence that can establish the connection between an accused with the alleged crime. Deferrals in conducting these examinations can adversely affect the value of evidence collected. In India, the examination of accused individuals in sexual offenses is governed by a complex framework involving statutes, procedural rules, and judicial guidelines. This framework ensures that the process is fair, thorough, and respects the rights of all parties involved. These legal provisions ensure that the examination of accused individuals in sexual offenses is conducted in a manner that respects their rights while also gathering necessary evidence for the investigation and trial. The integration of statutory law, procedural rules, and judicial precedents helps balance the need for evidence with the protection of individual rights.

Key words

Examination, Evidence, Supreme Court Judgement.

DOI

 10.59988/jfmsl.vol.33issue1.12