approximately to be a mirror image of each other. But there are
three distinguishing features. They are:
(i)
Section 164A requires the prior consent of the
women who is the victim of rape. Alternatively, the
consent of a person competent to give such consent on
her behalf should have been obtained before subjecting
the victim to medical examination. Section 53A does not
speak about any such consent;
(ii)
Section 164A requires the report of the medical
practitioner to contain among other things, the general
mental condition of the women. This is absent in Section
53A;
(iii) Under Section 164A(1), the medical examination by
a registered medical practitioner is mandatory when, “it
is proposed to get the person of the women examined by a
medical expert” during the course of investigation. This is
borne out by the use of the words, “such examination
shall be conducted”. In contrast, Section 53A(1) merely
makes it lawful for a registered medical practitioner to
make an examination of the arrested person if “there are
reasonable grounds for believing that an examination of
his person will afford evidence as to the commission of
such offence”.
42
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