News Excerpt:
The Special Investigation Team (SIT) which is investigating sexual assault allegations against a high-profile Member of Parliament (MP) is likely to have him take medical tests, including a potency test.
What is a Potency Test?
- A potency test examines a male's ability to develop or maintain a penile erection for sexual intercourse.
- It is conducted as medical evidence in cases involving sexual assault, divorce, and paternity suits.
- Section 53 of the Code of Criminal Procedure (CrPC) allows for such tests on the accused during the investigation on the recommendation of a registered medical practitioner.
- It also allows examination of “blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples, and fingernail clipping by the use of modern and scientific techniques including DNA profiling.
Relevance in Sexual Assault Cases:
- The potency test report is presented to counter potential defence claims of the accused being incapable of sexual intercourse.
- Potency is not constant and can vary due to physiological and psychological factors. Just because a man is unable to develop or sustain an erection at the time of the test, does not mean that he cannot do so at other times.
- Reports indicate the accused's capability for sexual intercourse at the time of the test but do not conclusively determine guilt or innocence. Hence it is of Corroborative Value.
- Similar to the controversial two-finger test for determining the sexual history of the victim, potency tests have limited evidentiary value.
Legal Changes and Impact:
- Post-2013 Amendments: The expansion of the definition of rape in the Indian Penal Code (IPC) reduced the relevance of potency tests.
- The definition of Rape now includes penetration of "any object" or "mouth" to "any part of the body" of a woman, not limited to peno-vaginal intercourse.
- Legal amendments prioritize the survivor's statement as primary evidence, diminishing reliance on potency tests.
