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CrPC, 1973
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CrPCChapter VSection 53
Section53

Examination of accused by medical practitioner at the request of police officer

AI Assist

Summary

Where an arrest is for an offence and there are reasonable grounds that a medical examination will produce evidence, a police officer not below the rank of sub‑inspector may request a registered medical practitioner to examine the arrested person. The doctor and those assisting may use reasonable force necessary for the exam. A female must be examined only by, or under supervision of, a female registered medical practitioner. "Examination" includes blood, swabs, semen, hair, nail clippings and DNA or similar scientific tests.

Example

Priya is arrested after an alleged sexual assault and the police believe a medical exam will yield evidence. A sub‑inspector requests a registered medical practitioner who collects swabs, blood and hair for DNA testing and, with assistants, uses reasonable force to complete the examination. Because Priya is female, a female registered medical practitioner conducts or supervises the exam.

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 a police officer not below the rank of sub-inspector, 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 reasonable 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.

Explanation

In this section and in Sections 53A and 54:

  • (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 practioner thinks necessary in a particular case;

  • (b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.

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V

Chapter V

Arrest Of Persons

In this chapter

  • 41When police may arrest without warrant
  • 41ANotice of appearance before police officer
  • 41BProcedure of arrest and duties of officer making arrest
  • 41CControl room at districts
  • 41DRight of arrested person to meet an advocate of his choice during interrogation
  • 42Arrest on refusal to give name and residence
  • 43Arrest by private person and procedure on such arrest
  • 44Arrest by Magistrate
  • 45Protection of members of the Armed Forces from arrest
  • 46Arrest how made
  • 47Search of place entered by person sought to be arrested
  • 48Pursuit of offenders into other jurisdictions
  • 49No unnecessary restraint
  • 50Person arrested to be informed of grounds of arrest and of right to bail
  • 50AObligation of person making arrest to inform about the arrest to inform about the arrest, etc., to a nominated person
  • 51Search of arrested persons
  • 52Power to seize offensive weapons
  • 53Examination of accused by medical practitioner at the request of police officer
  • 53AExamination of person accused of rape by medical practitioner
  • 54Examination of arrested person by medical officer
  • 54AIdentification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 55AHealth and safety of arrested person
  • 56Person arrested to be taken before Magistrate or officer in charge of police station
  • 57Person arrested not to be detained more than twenty-four hours
  • 58Police to report apprehensions
  • 59Discharge of person apprehended
  • 60Powers, on escape, to pursue and re-take
  • 60AArrest to be made strictly according to the Code
Previous · Section 52Power to seize offensive weaponsNext · Section 53AExamination of person accused of rape by medical practitioner