FM8.1-16,FM14.12-14 | Sexual Offences & Reproductive Forensics — Graded Quiz

A survivor may refuse any component of examination. The doctor must respect refusal, collect non-intimate evidence (oral swabs, fingernails, clothing — which she may consent to), document the refusal in detail, and ensure crisis support. She is a minor — POCSO mandatory reporting also applies.

Survivor-centred examination: consent governs each component separately. Refused components must be documented (not coerced). Non-intimate evidence collection is often possible even when intimate examination is refused. Crisis counselling referral is mandatory. Mandatory POCSO reporting applies to a minor.

Sedation without consent is assault. Examination under a guardian's proxy consent is impermissible for intimate examination — the survivor's own consent governs. Document and proceed with consented components.

Haase's rule uses crown-heel length for gestational age: months 1–5: length (cm) = month²; months 5–10: length = month × 5. This is the forensic standard for age estimation from foetal measurements in second-trimester specimens.

Foetal gestational age estimation: Haase's rule (crown-heel length): <5 months: age² = length in cm; >5 months: age × 5 = length in cm. Other features: nail growth (fingernails reach fingertips at 32 wks; toenails at 36 wks), ossification centres, lanugo (28–32 wks), vernix.

Haase's rule (crown-heel length) is the standard medico-legal method for estimating foetal gestational age. Lanugo, eyelid fusion, and lung weight are supporting features but less precise as standalone estimators.

Positive hydrostatic test + crepitant lungs + deliberate cord cutting = live birth established. The deliberate (sharp, non-avulsed) cord cut indicates purposeful action after live birth. Death from abandonment in an enclosed space = infanticide by asphyxia/neglect.

Infanticide determination: establish live birth (hydrostatic test + lung crepitation + Wredin's test + histology) + establish separate existence + determine cause of death. BNS defines infanticide; child must have been born alive and the death caused within 12 months by the mother.

Positive hydrostatic test + crepitant (air-containing) lungs + clean cord cut = live birth. Cause of death: asphyxia from neglect/abandonment. Manner: homicide (infanticide). The combination of multiple live-birth indicators overrides a single false-positive concern.

A single confirmed exclusion at one locus (where the child carries an allele absent in both the mother and alleged father) is sufficient to exclude biological paternity. Twelve discordant loci make mutation as an explanation statistically impossible.

DNA paternity: exclusion = child allele at any locus absent in both mother and alleged father (one locus is definitive). Inclusion: calculate combined paternity index (CPI) across all loci; CPI >99.99% is forensic standard for inclusion. STR profiling of 15+ loci is standard.

One genuine exclusion = paternity excluded. Multiple exclusions across 12 loci = definitive exclusion. Mutation rates (~1/1000 per locus) cannot explain 12 simultaneous exclusions. Contamination would produce mixed profiles, not systematic exclusions.

The Surrogacy (Regulation) Act 2021 permits only altruistic surrogacy (no payment beyond medical expenses) by a close relative of the commissioning couple. Commercial surrogacy (domestic or international) is prohibited.

Surrogacy Act 2021: altruistic only (close relative), commissioning couple must be Indian citizens married for 5+ years, surrogate must be a married woman 25–35 years. ART Act 2021 governs ART clinics and sperm/egg banks. Both Acts prohibit sex selection.

Surrogacy Act 2021: only altruistic (no commercial payment) + only a willing close female relative as surrogate. Commercial surrogacy banned. Foreign nationals cannot commission surrogacy in India.

BNSS Section 397 (replacing CrPC Section 53A) provides that a registered medical practitioner shall examine the accused at the request of a police officer (sub-inspector rank or above) without requiring consent of the accused.

BNSS 397 accused examination: no accused consent needed; police direction sufficient; examine for penile injuries, GSR on hands/clothing, trace DNA, signs of recent sexual activity. Contrast with BNSS 184 (survivor examination) which requires survivor's consent.

Under BNSS 397, police can direct examination of the accused without the accused's consent — justified by public interest in criminal investigation. A magistrate's order is not required. Any registered medical practitioner may conduct the examination.

PWDVA 2005 defines domestic violence broadly: physical, sexual, verbal/emotional, and economic abuse. It covers women in any domestic relationship (marriage, cohabitation, family, past relationships) within a shared household — not limited to legal marriage.

PWDVA 2005: applies to women (not gender-neutral); covers all domestic relationships; provides protection orders, residence orders, monetary relief, custody orders; enforced by Protection Officers; criminal and civil remedies both available.

PWDVA 2005 covers ALL forms of abuse (physical, sexual, verbal, emotional, economic) in ANY domestic relationship (married, cohabiting, family). It is not limited to marital relationships or physical violence alone.

Separate existence requires the infant to have been completely delivered AND to have breathed independently of the mother (umbilical cord may or may not be cut). Evidence of breathing = positive hydrostatic test, Wredin's test, histological aeration of lungs.

Infanticide medico-legal elements: (1) live birth: infant breathed (hydrostatic test, lung histology); (2) separate existence: complete delivery + independent breathing; (3) cause of death: asphyxia/drowning/exposure/blunt injury; (4) intent: within BNS definition.

Separate existence = complete delivery + independent respiration. An intact umbilical cord does not negate separate existence (the cord can be intact and the infant still breathed). Birth weight and lanugo assess viability, not separate existence.

MTP Act (as amended 2021): up to 20 weeks = opinion of one RMP sufficient; 20–24 weeks (special categories) = two RMPs; >24 weeks = Medical Board. At 10 weeks, one RMP opinion is sufficient. The woman's own consent governs — no spousal consent required by law.

MTP 2021 consent: the woman's own written consent is sufficient at any gestation. For women <18 years or mentally ill: guardian's consent additionally required. No spousal/parental consent is legally mandated for adult women (≥18 years, sound mind).

Up to 20 weeks gestation: ONE registered medical practitioner's opinion is sufficient. No spousal consent is required (Supreme Court has reaffirmed the woman's autonomous right). Medical Board is required only beyond 24 weeks for foetal abnormalities.

Section 112 of the Indian Evidence Act creates a conclusive presumption of legitimacy if the husband was alive and access was not impossible. Courts (post-2010 Supreme Court judgments) have allowed DNA evidence as corroborative but have not replaced the Section 112 framework — non-access must still be established.

Section 112 IEA: conclusive presumption of legitimacy if husband alive + access. Rebuttal: prove non-access only. DNA: courts now admit paternity exclusion as strong corroborative evidence, but the law has not formally amended Section 112 to permit DNA as standalone rebuttal.

Section 112 Evidence Act: legitimacy presumed if husband alive + access during period. Rebuttal requires proving non-access. DNA paternity exclusion is now admitted as corroborative evidence by courts, but Section 112 presumption has not been entirely replaced by DNA alone.