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:
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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 practioner thinks necessary in a particular case;
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(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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