Code of Criminal Procedure, 1898 — Section 164: Power to record statements and confessions

164. Power to record statements and confessions.__ (1) 1[2[* * *], any Magistrate of the first class and any Magistrate of the second class specially empowered in this behalf by the 3 [Provincial Government] may, if he is not a police-officer] record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial. 4 [(1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement.]

(2)Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion best fitted for the circumstances of the case. Such confessions shall be recorded and signed in the manner provided in section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried. 1 [164A. Medical examination of victim of rape, etc.__ (1) Where an offence of committing rape, unnatural offence or sexual abuse or attempt to commit rape, unnatural offence or sexual abuse under section 376, section 377 or section 377B respectively of the Pakistan Penal Code, 1860(Act XLV of 1860) is under investigation, the victim shall be examined by a registered medical practitioner, in the case of female victim by a female registered medical practitioner, immediately after commission of such offence: Provided that in all cases, where possible, the female victim shall be escorted by a female police officer or a family member from a place of her convenience to the place of medical examination.

(2)The registered medical practitioner to whom such victim is sent under sub-section (1) shall, without delay, examine the victim and prepare a report of examination giving the following particulars, namely:

(a)name and address of the victim and of the person by whom she was escorted;

(b)age of the victim;

(c)description of material taken from body of the victim for DNA profiling;

(d)marks of injury, if any, on body of the victim;

(e)general mental condition of the victim; and

(f)other material particulars in reasonable detail.

(3)The report under sub-section (2) shall state precisely the reasons for each conclusion arrived at.

(4)The report under sub-section (2) shall specifically record that consent of the victim or of his or her natural or legal guardian to such examination had been obtained.

(5)The exact time of commencement and completion of the examination under sub-section (1) shall also be noted in the report.

(6)The registered medical practitioner shall, without delay, forward the report to the investigation officer who shall forward it to the Magistrate along with other requirements as specified under clause (a) of sub-section (1) of section 173.

(7)Nothing in this section shall be construed as rendering lawful any examination without consent of the victim or of any person authorized under sub-section (4). Explanation.__ In this section, “registered medical practitioner” means a medical practitioner who possesses any qualification recognized as such under the Pakistan Medical and Dental Council Ordinance, 1962 (XXXII of 1962) and whose name has accordingly been entered in the Register maintained in this behalf under the said Ordinance and has been authorized by the Government to conduct such examination.