Prajwal Revanna to undergo potency test? Understanding its relevance in sexual assault cases

Janata Dal (Secular) MP Prajwal Revanna, who returned to Bengaluru from Germany, has been taken into custody by a Special Investigation Team (SIT). The SIT is investigating sexual assault allegations against Revanna and is likely to subject him to a series of medical tests, including a potency test. This raises a significant question: What is a potency test, and why is it relevant in such cases?

Potency Test

A potency test is a medical examination designed to determine whether a male can develop or maintain a penile erection necessary for sexual intercourse. Such tests are often used as evidence in cases involving sexual assault, divorce, and paternity disputes. In divorce and paternity cases, a potency test is typically conducted alongside a fertility test.

Relevance in Sexual Assault Cases

In sexual assault cases, the prosecution might use a potency test report to counter claims by the accused that he is incapable of sexual intercourse. However, potency is not a permanent condition and can be influenced by various factors, both physiological and psychological. Hence, the inability to sustain an erection at the time of the test does not conclusively prove incapacity.

The potency test is similar in its evidentiary limitations to the now-discredited 'two-finger' test used to assess a woman's sexual history, which is not considered definitive proof of sexual assault. Potency tests only provide corroborative evidence about the accused's capability at the time of testing.

Notably, section 53 of the Code of Criminal Procedure (CrPC) permits the examination of various biological samples, such as blood, semen, and hair, using modern scientific techniques, including DNA profiling. This section allows registered medical practitioners to conduct any necessary tests on the accused for investigative purposes.

Significantly, before the 2013 amendments to the Indian Penal Code (IPC), the definition of rape was limited to peno-vaginal intercourse, making potency tests more relevant. However, the amendments expanded the definition to include penetration of “any object” or “mouth” to “any part of the body” of a woman, reducing the necessity of potency tests.

In the case of Prajwal Revanna, the potency test forms part of the broader investigative process into the sexual assault allegations. While the test might offer insights into his physical capability, it is not definitive evidence. The primary weight of evidence in such cases remains on the survivor's testimony, supported by other forms of corroborative evidence. This case highlights the evolving nature of legal investigations and the importance of using comprehensive methods to ensure justice.

Meanwhile, a special court in Bengaluru remanded the suspended JD(S) MP to police custody till June 6 after he was arrested.

Also watch: Why was rape-accused Prajwal Revanna arrested by women cops?