1.Present status of the false injury report
It is often seen that false injury report is manufactured by medical practitioner after being bribed that makes the allegation either weak or strong.If rape is committed,then after being bribed,the medical practitioner makes false report that rape is not committed and if rape is not committed,then the medical practitioner makes false report that rape has been committed.If the injury is simple or no injury ,then the medical practitioner makes the false report of grievous injury and if the injury is grievous ,then the medical practitioner makes the false report of simple injury.It is my personal experience after going through a lot of medical reports that more than 75% medical reports are false.
2.Measures to remove the falsity of injury report
There is a very simple measure to remove the falsity of injury report.There must be appellate provision against an injury report.If a party (whether accused or informant ) is aggrieved from the injury report,then he may file an appeal before the higher authority of that medical practitioner.If an injury report is prepared by a medical practitioner of a primary health centre and a parties aggrieved by the report,then he may file an appeal before the District Sadar Hospital or nearest Medical college and hospital.
It shall be mandatory for the medical practitioner to prepare a report within 12 hours in case of injury other than rape and within 24 hours in case of rape and the medical practitioner shall furnish a copy of the report to the both parties free of cost and also transfer the alleged victim to the higher authority for its medical check up if a party prefers appeal ,so that the higher authority can prepare a fresh report and decide as to whether the report prepared by lower medical practitioner is true or false.In such circumstances where alleged victim is not able to be transferred to the higher authority due to physical condition,then the medical practitioner shall mention in the report reasons of not being transferred and after hearing an appeal, it shall be the duty of the appellate higher authority to reach to the place within 12 hours where alleged victim is kept to examine the victim and shall examine the alleged victim and decide as to whether report prepared by lower medical authority is true or false.Appeal shall be decided within 12 hours in injury other than rape and within 24 hours in case of rape and the time of 12 hours provided for reaching to the place where victim is kept shall be excluded.The copy of the decision of appellate authority along with injury report shall be provided free of cost to both parties.Further if a party is aggrieved by the decision of appellate authority,the aggrieved party shall be entitled to make a complain before the Chief Judicial Magistrate /Metropolitan Magistrate within 24 hours and it shall be the duty of the magistrate to constitute the medical board within 24 hours of the filing of complain and the board shall submit its report within a week.
3.Provision Of Punishment
Lower Medical practitioner making false injury report shall be subjected to fine of Rs 25,000 by the appellate authority and also be subjected to prosecution under the requisite sections of the IPC and the appellate authority deciding falsely shall be subjected to fine of Rs 25,000 by the court and also be subjected to prosecution under the requisite sections of the IPC .A party making false appeal before the appellate authority or making false complain before the court shall be subjected to fine of Rs 5,000.
4.Special Provision Regarding DNA Profiling
Where a sample is sent to forensic science laboratory or any medical institute for DNA profiling,it shall be the duty of that FSL/medical institute to prepare report within a month and furnish a copy of the report to both parties.A party aggrieved by the report shall make a complain before the Chief Judicial Magistrate /Metropolitan Magistrate within 15 days of the receiving of report and the court shall decide over the complain within a weak and it shall be the duty of the court to constitute a medical board of expert for the DNA Profiling.The medical board shall submit its report within next one month.If the report of FSL/medical institute is found true by the medical board,then the court shall impose a fine of Rs 5,000 to the party who makes false complain before the court.Fine of Rs 5,000 shall also be imposed to the FSL/medical institute ,if report of FSL/medical institute is found false by the medical board.
5.Constitution Of Medical Board
The medical board of all above cases shall consist of at least 5 eminent doctors of those all subjects which are the matter of examination.
6.Need to pass a special act
A special act must be passed to enforce the draft as proposed above.
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