Medical Examination Under Criminal Law: Arrested Person/Accused Etc

Medical Examination Under Criminal Law: Arrested Person/Accused Etc

June 1, 2020 CRIMINAL PROCEDURE CODE 0

 

MEDICAL EXAMINATION UNDER CRIMINAL PROCEDURE CODE

Section 53. Examination of accused at the request of police officer:

  • Accused has committed such offence or committed under such circumstances that evidence can be collected as to the commission of an offence.
  • Examination is conducted by Registered Medical Practitioner (Medical Practitioner as per Indian Medical Council Act, 1956 & whose name is present in State Medical Register)
  • Medical Practitioner act at the request of police officer not below rank of SI.
  • Such Police Officer may use force if necessary.
  • Incase, accused is female then examination is made by or under supervision of female registered medical practitioner.
  • In Victor v. State 1991 CrLJ 2416 (Mad.) The court said that potency test is within the fold of medical examination of a person. However, In Surjit Singh Thind v. Kawaljit kaur AIR 2003 P&H 353, virginity test of the woman on the plea of the husband being potent and having consummated marriage is violative of Article 21 being intrusion into privacy.



Section 53A. Examination of person accused of rape:

  • This Section was inserted by act 25 of 2005 (23-06-2006). This section has been inserted with an object to make provision for detailed medical examination of a person accused of an offence of rape or an attempt to commit rape.
  • Person who is accused of committing rape or attempt to commit rape is examined so as to collect evidence as to commission of an offence.
  • Examination is conducted by: Medical Practitioner employed in a Government hospital or Hospital run by local authority and if no such medical practitioner then by any registered medical practitioner within 16 km radius from the place where offence has been committed.
  • Medical Practitioner act at the request of police officer not below rank of SI.
  • Medical Practitioner prepare a report of his examination without a delay which contains following particulars: Name & address of accused, age of accused, marks of injury on acussed, Material required for DNA profiling and other important material.
  • The report shall note the exact time of commencement and completion of examination.
  • Report is forwarded to IO (Investigating officer). Who further forwards it to Magistrate referred under section 173.

Section 54. Examination of arrested person by medical officer:

  • This section was substituted by Act 5 of 2009 (31-12-2009). Prior to 2009 amendment medical test was conducted only on the request of an accused.



  • Arrested person he shall be examined soon after the arrest is made by medical officer (in service of central/state government) and if no such medical officer available then by a registered medical practitioner.
  • Incase, arrested person is female then examination is made by or under supervision of female registered medical practitioner.
  • Medical officer or a registered medical practitioner shall prepare report stating any injuries or mark of violence upon the arrested person and the approximate time when injuries or mark may have been inflicted.
  • Copy of report of such examination shall be furnished by medical officer or medical practitioner to the arrested person or person nominated by arrested person.
  • It is to be noted that examination of accused under Section 53 is at the request of the police officer and in section 54 there is no request. It the duty upon state to get examination of arrested person soon after his arrest.

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