West Bengal Makes Medical Exams Mandatory For Child Sex Abuse Victims, Even Without FIR

This advisory aims to address the challenges faced in conducting medical examinations of victims under the Protection of Children from Sexual Offences (POCSO) Act, especially in ensuring the availability of female medical officers. The order was issued by the State Health and Family Welfare Department to principals and medical superintendents of all government medical colleges and hospitals, as well as chief medical officers across districts and health districts.

West Bengal Makes Medical Exams Mandatory for Child Sex Abuse Victims

The West Bengal government has issued firm directives regarding the handling of POCSO (Protection of Children from Sexual Offences) cases, emphasising that government hospitals must carry out medical examinations of child sexual abuse victims even if no FIR or formal complaint has been registered.

In an order dated May 2, 2025, the state’s Health Department stated that Rule 27 of the POCSO Act, 2012, must be strictly followed to resolve issues related to the availability of female doctors for examining victims. According to Rule 27, the medical examination of a child victim must be conducted under Section 164A of the Code of Criminal Procedure, 1973, regardless of whether an FIR or complaint has been filed.

The order further specifies that if the victim is a girl, a female doctor must perform the examination, as per Indian Express. Additionally, the procedure should take place in the presence of a parent or another trusted individual. If neither is available, a woman nominated by the head of the medical institution should be present during the examination.

Although the rule has been in place, the recent order seeks to guarantee its stricter and flawless implementation. This move comes in response to ongoing complaints about the violation of POCSO guidelines in hospitals throughout the state.

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However, a senior official from the State Health Department noted that while the law already allows for the medical examination of suspected minor rape victims even before an FIR or complaint is filed, there have been instances where medical personnel showed hesitation in fully complying with this provision, as per Indian Express.

Health Department Issues Order

The Health Department has circulated the order to principals and vice-principals of all government medical colleges, as well as district health officers, stressing the importance of strictly following the provisions of the POCSO Act during the medical examination of minor sexual abuse victims.

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Copies of the directive have also been forwarded to the Director of the State Child Rights Commission, the Special Secretary of Mental Health, and other senior government authorities.

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