The National Human Right Commission has laid down following Standard Operating Procedure to be observed in collection and processing of forensic evidence in cases of sexual assault on women.
A.
Victim Care
1. Identity of the SAS must be kept
confidential at every step. (Sec 228A IPG; Sec 23, 24(5), 33(7) POCSO Act; SC
Judgement Nipun Saxena Vs Union of India 2018)
2. The priority should be on
treating life-threatening injuries of the SAS & then collecting the
forensic evidences.
3. The examination of SAS should be done in
complete privacy and security. Consent (informed, verbal and written consent)
from the SAS is must to start the forensic examination. In case of minors,
elderly persons, mentally ill and intoxicated persons, consent of a person
competent to give such consent on behalf of the SAS should be taken. (Sec 164A
CrPC; Sec 27 POCSO Act; Guidelines & Protocols by M o Health & Family
Welfare on Medico-legal care for survivors/victims of sexual violence).
B.
Promptness in Examination
1. The SAS should be examined
promptly/at the earliest possible. The collection of forensic evidence can take
upto few hours even by a trained professional, depending upon the case as every
case requires requisite 'due diligence' and 'humane approach'. As the time
passes between time of assault and examination of SAS, the quality of forensic
evidences will deteriorate. The optimal time for 'forensic DNA evidence'
collection, is upto 72 hours (in no case beyond 96 hours) of the assault.
However, 'forensic DNA evidence' can still be collected upto 7 days due to
advancements in DNA technology.
2. The efficacy of sample
collection depends on history of nature of assault, time elapsed between the
assault and the examination, and also on post-assault activities. Therefore,
date and time of examination and collection of all the samples must be clearly
mentioned In the report.
C.
Collection of Samples
1. Sexual Assault Evidence
Collection (SAEC) Kit, apart from the forensic labs, must also be made
available at all hospitals (both Private and Government) and police stations
where the SAS approaches first. (Provision for SAEC kits &necessary
directions are given to all States vide MHA's letter dated 17/1/2019
&5/10/2020).
2. A thorough, detailed and
proper history involving symptoms since the assault, details of the assault,
number of assailants, specific threats, type of penetration, non-genital acts,
recent genital procedures, loss of consciousness, amnesia and all activities
(like taking bath, changing clothes and douching) after the assault should be
mentioned in the report. Detailed history about change of clothing/bathing/washing
private parts is essential to be documented.
3.Clothes of the survivor worn at
the time of assault should be enquired into. If the SAS is wearing the same
clothes, these must be collected, preserved and sealed. If the clothes have
been changed, the lO should ensure to collect the clothes which SAS was wearing
at the time of assault and preserve SAS should be asked to stand on a large
sheet of white paper and then 'undress'. This will aid in collection of any
foreign material which might have been left from the site of assault or from
the accused. This sheet of paper should be folded very carefully and preserved
in a bag to be sent to the FSL. Describe each piece of clothing separately and
label each of them properly.
4.Presence of stains or tears
should be noted. Each piece of clothing should be packed in a separate bag, sealed
and labelled. It should also be ensured that the clothes are air-dried before
storing them in bags. The clothes need to be collected in paper bags and not in
polythene bags etc.
5. Examine the full body for
injuries, lesions, secretions etc. and document them with photos if possible
(confidentiality of SAS must be maintained).
6.If bite marks are present on
SAS, then swab the area twice and preserve them. While describing the stains on
the body, mention the type of stains, site, size, colour, number of swabs collected
from each site.
7. Collect loose scalp and pubic
hair by combing the SAS. Intact scalp and pubic hair should also be collected
from the SAS so that it can be compared with the hair of either SAS or the
perpetrator. Hair samples should be preserved in the catchment paper to be
folded and sealed.
8. Nail clippings and scrapings must be taken
from both the hands of SAS and packed separately.
9. Oral swabs should be taken
from the posterior parts of the buccal cavity, behind the last molars of SAS
for detection of semen /spermatozoa. The same should be air dried and
separately packed.
D. Collection of Blood and Urine samples
1. Collect the blood sample of
SAS for testing of HIV, VDRL, HBsAg status and also to compare it with any
other blood stains collected during the proceedings.
2. Collect the blood and urine
samples for detection of drugs and alcohol to determine what drugs the SAS used
or consumed or alleged to have been forced to consume. 'Collect venous blood'
with a sterile syringe and needle and transfer to 3 sterile vials/vacutainers.
Itshould be distributed in 1®' plain vial for blood grouping and drug
estimation, 2"*^ vial for alcohol estimation in Sodium fluoride vial and
3"^ EDTA vial for DNA analysis. These samples must be refrigerated until
handed over to next in chain of custody. Use a 'sterile container' to collect
minimum 100 ml of urine or as maximum as possible. Urine pregnancy test should
be done and the result should be incorporated in the report.
E.
Genital and Anal evidence
1. Collect matted portion of the
pubic hair of SAS by cutting from the base, air-dry and seal it in an envelope.
2. Two swabs each should be taken
from the vulva, vagina and anal opening. Two slides for each swab should be
made, air dried and packed.
3. Two vaginal smears should be
prepared on the glass slides, air-dried and sent for seminal fluid/ spermatozoa
examination.
4. Vaginal washing should be
collected using a sterilised syringe and a small sterilised rubber catheter.
2-3 ml of saline should be instilled in the vagina and fluid should be
aspirated. Fluid filled syringe should be sent to the FSL after putting a knot
over the rubber catheter.
F.
Handing over samples to FSL
1. For handing over the samples,
a requisition letter should be addressed to the concerned FSL stating what all
samples are being sent and what each sample needs to be tested for.
2. This requisition letter must
be signed by the examining doctor and the police personnel to whom the sample
has been handed over shall also sign the letter.
3. Requisition letter should be
duly-checked to ensure that the numbering of individual packets is in
accordance with the numbering on the requisition form.
G.
General
1.It is very important to air dry
all the samples before sealing them as this is the only way to prevent its
degradation.
2. The samples should also be
labelled properly.
3. The swab sticks used for
collection of samples should be moistened with distilled water.
4. Ensure a chain of custody of
various specimens.
5. Keep a record of all specimens
in a register.
6. Pack all specimens in a dry
paper bag, seal it and keep them in a refrigerator until handed over to IO.
It is envisaged that this
Standard Operating Procedure wtien implemented in letter & spirit, will
surely help to improve oursystem ofmedicolegal investigation by way of better
collection and preservation of various evidences in cases of sexual assault on
women.
