EXAMINATION UNDER CrPC

To understand examination of accused we can read three sections together and understand the examination of accused under criminal procedural  code.

#Section 53, 53A, 54 deals with the examination of accused.

Now first understand what section 53 says ?

1. Examination of the accused by medical practitioner.
2. Examination is held at the request of Police officer.
3. Reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence.
4. Police officer not below the rank of sub-inspector.
5. Medical practitioner should act in good faith in sub-inspector’s aid and direction.
6. In case of female then she is to be examined by or under supervision of female registered medical practitioner.

Now let us understand what section 53A says ?

1. Examination of person accused of rape or attempt to commit rape.
2. Examination is held NOT at the request of Police officer.
3. Reasonable grounds for believing that an examination of his person will afford evidence as to commission of an offence.
4. Medical practitioner should be employed in a hospital run by the government or by a local authority and in absence of such a practitioner within radius of 16 km  from the place where such offence has been committed by any other medical practitioner at the request of police officer not below rank of sub-inspector.( please note here that in absence of medical practitioner police officer request otherwise he does not request)
5. The registered medical practitioner then notes down- name and address of accused person and person by whom accused is bought, age of accused, mark of any injury on accused, description of material taken for DNA profiling, exact time of commencement and completion of exam shall also be noted in the report.
6. Medical practitioner forward medical report to Investigating Officer.

Now let us understand what section 54 says ?

 

1. This section deals with the examination of arrested person by medical officer (not practitioner).
2. Such medical officer is in service of state or central government and in case the medical officer is not available by a registered medical practitioner soon after arrest is made.
3. Then proviso of section 54  provides that in case of female is arrested, examination by female medical officer and in her absence by medical practitioner.
4. Such officer/practitioner prepare the record of such examination mentioning injuries or marks of such injuries or marks of violence.
5. Furnish copy of the report of such examination by medical officer or medical practitioner to arrested person or person nominated by such arrested person.

Now after reading everything given above read bare act. You will find that everything is so easy in bare act. Kindly read section 53, 53A and 54 from the bare act.