The Bench of Justices DY Chandrachud and Hima Kohli has banned the "Two-Finger Test" being conducted during the investigation of Rape Cases and warned that conducting of kind of test would fetch misconduct and those do it would be prosecuted.

While dictating the judgment, the bench pronounced that "This Court has time and again deprecated the use to two finger test in cases alleging rape and sexual assault. The so-called test has no scientific basis. It instead re-victimises and re-traumatises woman. The two finger test must not be conducted."

The Court further observed that "This test is bases on an incorrect assumption that a sexually active woman cannot be raped. Nothing can be further from the truth. The probative value of a woman's testimony does not depend on her sexual history. It is patriarchal and sexist to suggest that a woman cannot be believed when she states that she was raped merely because she is sexually active." 

The Bench also directed the Health Ministry, Government of India to ensure that the two finger test is not conducted on woman and formulate guidelines and circulate to all the Government and Private Hospitals.

Case Details:-

SPECIAL LEAVE PETITION (CRIMINAL) Diary No.36909/2018
THE STATE OF JHARKHAND Petitioner(s)
 VERSUS
SHAILENDRA KUMAR RAI @ PANDAV RAI Respondent(s)