Standard Operating Procedure (SOP) on Collection &
Processing of Scientific/Forensic Evidences in Case of
Sexual Assault on Women
Sexual Violence is the most heinous of all crimes having devastating physical and
psychological effects on the victims. Adding to it, is the extremely poor conviction
rate in such cases because of several reasons- one being the poor forensic medical
evidence collection, documentation as well as maintenance of chain of custody of
evidence etc. If we talk about examination of sexual assault survivor (SAS) (used for
both surviving and deceased) of alleged rape and procedure of collection of
evidences, it is different in different states.
In northern parts of the country, it is mostly the female doctors who examine the
victim. The same is not true in other parts of country wherein, male doctors also
examine the SAS. Likewise it is also true that in many of States, it is the
gynecologists who examine these cases whereas in few States these cases are
examined by forensic medicine experts. It has been observed that conviction rate in
such cases have been found increased when the examination is being done by
trained forensic medicine persons.
The doctors should explain each step of examination to the SAS before performing
the examination. Doctors should then ask the SAS to use her 'free will' either to
accept or decline any of the steps. It is pertinent to mention here that no requisition
from police or order from the court is required for examination of SAS. It is the duty
of the doctors to first provide the primary treatment and complete the examination of
SAS and then report such cases to the police.
In order to facilitate proper collection, preservation and examination of samples
collected during examination of SAS, the Commission, issues the following
Standard Operating Procedure:
A.
Victim Care
1.
Identity of the SAS must be kept confidential at every step.
(Sec
228A IPG; Sec 23, 24(5), 33(7) POCSO Act; SC Judgement Nipun
Saxena Vs Union of India 2018)