The Madras High Court has recently issued directives to refine medical examination procedures in cases under the Protection of Children from Sexual Offences (POCSO) Act. A special bench comprising Justice N Anand Venkatesh and Justice Sunder Mohan observed that subjecting every child involved in POCSO cases to routine medical examinations, especially when not pertinent to the alleged offence, could inflict additional mental stress on the child.
The court highlighted that while Section 27 of the POCSO Act mandates medical examinations for children against whom any offence has been committed, this provision should be interpreted in conjunction with Section 164A of the Criminal Procedure Code (CrPC). This interpretation suggests that mandatory medical examinations are primarily relevant in instances involving penetrative sexual assault. Specifically, for offences outlined under Sections 3 and 5 of the POCSO Act, which pertain to Penetrative Sexual Assault and Aggravated Sexual Assault respectively, medical examinations are crucial to substantiate the allegations.
Conversely, for offences categorized under Sections 7 (sexual assault), 9 (aggravated sexual assault), and 11 (sexual harassment), where penetration may not be a factor, the necessity of a medical examination becomes less clear. The court noted that in such cases, conducting invasive medical procedures, including the collection of vaginal swabs, might not only be unnecessary but could also exacerbate the child's trauma. Therefore, the bench advised that medical examinations in these contexts should be judicious and aligned with the specifics of the complaint.
However, the court acknowledged that this guidance is not absolute. There could be scenarios under Sections 7, 9, and 11 where the child has sustained injuries necessitating medical attention. In such situations, medical examinations are warranted. The court entrusted medical professionals with the responsibility to assess and decide the appropriate examinations based on the individual circumstances of each complaint.
This nuanced approach underscores the court's commitment to safeguarding the mental well-being of children involved in POCSO cases while ensuring that necessary medical procedures are conducted when truly required.
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