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Friday, September 22, 2023

Anyone conducting two-finger test to be Held Guilty of Misconduct-SC

Two-Finger Test Decision: The Supreme court of India on Monday decided to criminalize anyone found performing the two or three-finger test crucially dealing with the establishment of sexual assault cases. The amendment comes under Section 53A in the Indian Evidence Act, whereby the legislature amended the criminal code in 2013.

The court hearing was led by Chief Justice D.Y. Chndrachud while clarifying why the test was there in the first place but is necessarily nowhere relevant to determine the statement or claims of the victimized the time of the complaint made. 

Hearing the matter bench of Mr. Justice D Y Chandrachud and Justice Hima Kohli further added that the test holds “no scientific basis” and “only re-victimises and re-traumatises the victim” and it “must not be conducted”.

The older context,  of the same provisional test that was carried out, to ascertain whether a victim of Rape or sexual assault has engaged in vaginal activity, which can help establish the credibility of her sexual assault statement.


In an attempt to remove the provisional feature dating back to 2013, the court has finally made its final determination on the issue, which also deals with the dignity of the victim concerned while also stripping the right to privacy and prohibits the alteration of the victim’s active sexual lifestyle prior to the assault report as it restrains the will of consent.

The court declared: “In terms of Section 53A, the evidence of a victim’s character or her prior experiences with any individual shall not be relevant to the issue of consent or the quality of consent in the prosecution of sexual offences.”

The highest court has declared that anyone who administers the two-finger test will be found guilty of wrongdoing. Instructions from the Center and the state’s health secretaries are made to take action and remove the practice in due time. 


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