Presiding officers should take medical evidence in all cases which they have reason to believe to be cases of grievous hurt whenever such evidence can be obtained without disproportionate cost or inconvenience. It is, however, the duty of the Court to determine on the facts established by the evidence whether a charge of grievous hurt can or cannot be sustained. It is not for the medical officer to decide whether the hurl does or does not amount to grievous hurt under the law.Note. - The law does not allow the compulsory examination of the person either of a man or of a woman. No Court, therefore, should direct the examination, by a medical officer of any part of a living woman's person unless she expressly consents. If she consents and an examination is ordered, her consent should be recorded before the examination is made. Similarly, if she is asked whether she is willing to undergo an examination and she refuses to do so, refusal should be recorded. For a minor the consent of the parent or guardian is sufficient.
