Examination of accused by medical practitioner at request of police officer
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Summary
When an arrested person’s body may produce evidence, a registered medical practitioner can examine them at a police officer’s request and take necessary samples, using reasonable force if required. If the person is female, the examination must be done by or under the supervision of a female registered medical practitioner. The practitioner must send the examination report to the investigating officer without delay.
Example
Priya is arrested on suspicion of sexual assault. The police ask a registered medical practitioner to examine her; a female doctor supervises collection of swabs and blood for DNA testing. The doctor uses only necessary force and forwards the report to the investigating officer immediately; the samples can be used as evidence.
Bare Act
Enacted text(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
Explanation.-In this section and sections 52 and 53,-
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(a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;
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(b) "registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
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