Madras High Court· 19 August 2026

Must the revised proforma for medico-legal examination in sexual violence cases form part of the Accident Register and be marked as an exhibit?

Nambu Kaleeswaran v. The State of Tamil Nadu

CRL MP(MD).5823/2025 · 2026:MHC:3390 · Crl.A(MD) No.778 of 2023
Coram: Justice B.Pugalendhi

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Answer

The revised proforma for medico-legal examination in sexual violence cases must form part of the Accident Register and be marked as an exhibit.

Yes. The revised proforma for medico-legal examination in sexual violence cases must form part of the Accident Register and be marked as an exhibit. The Court held that use of the proforma issued by the Ministry of Health and Family Welfare should be made mandatory in cases involving sexual violence, so that trial Courts can fully understand and consider the medical evidence. (¶22, 23)

Headnote

Protection of Children from Sexual Offences Act, 2012 — s.27 — Indian Evidence Act, 1872 — ss.45, 159 — Medical evidence — Expert witness — Wound Certificate — Suspension of sentence — Indian Evidence Act, 1872 — s.45 — Medical expert — Duty to depose objectively — Held: A medical expert occupies a position of trust and must give evidence that is relevant, reliable, clear, honest and impartial, whether it supports the prosecution or the defence. (¶16, 17) Indian Evidence Act, 1872 — s.159 — Refreshing memory — Verifying the deposition — Held further: A medical witness must peruse the records prepared by him before deposing, may refresh his memory from them, and must verify the deposition before signing it. (¶18, 20) Protection of Children from Sexual Offences Act, 2012 — s.27 — Wound Certificate — Nature of injuries to be recorded — Held further: A Wound Certificate that records no extent or nature of injury and no method of examination falls short of what is required. (¶21) Protection of Children from Sexual Offences Act, 2012 — Medico-legal proforma — Mandatory use directed — Held further: The revised Ministry proforma for medico-legal examination should be mandatory in sexual violence cases, form part of the Accident Register and be marked as an exhibit. Petitions dismissed with directions. (¶23, 25)

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In the Court's own words

Paragraph 22It is relevant to note that the Ministry of Health and Family Welfare, as a part of the Guidelines and Protocols for Medico-Legal Care for Survivors of Sexual Violence, has issued a revised proforma for Medico-Legal Examination of Survivors / Victims of Sexual Violence in the year 2014 itself. The same was issued, in order to standardize the medical examination protocols for the survivors / victims of Sexual violence. There is a checklist provided in this proforma, according to which, the type of examination carried out and the nature of injuries has to be specified by the medical professional, before arriving at a medical opinion.

Paragraph 23As noted supra, the medical evidence serves as vital corroborative evidence, which would help in establishing the guilt or innocence of the Accused person. Therefore, the medico-legal documents, such as the Would Certificate and Accident Registers should be clear, legible and understandable. The possibility of issuing such documents in typed format can be considered, so that there is no ambiguity regarding the medical opinion in such documents. Further, this Court is of the opinion that the usage of the revised proforma issued by the Ministry of Health and Family Welfare should be made mandatory in cases involving sexual violence, including cases under the POCSO Act and the same must form a part of the Accident Register and should be marked as an exhibit before the trial Court. This would enable the trial Courts to fully understand and consider the medical evidence available in each case.

Acts & Sections

s.27 Protection of Children from Sexual Offences Act, 2012s.45 Indian Evidence Act, 1872s.159 Indian Evidence Act, 1872

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Also decided in this judgment

Must a medical expert give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports?Must a medical witness verify the deposition before signing it and peruse the records he prepared before deposing?Does a Wound Certificate that records no extent or nature of injury and no method of examination fall short of what is required?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections