Section 52: Examination Of Person Accused Of Rape By Medical Practitioner
Code:
(1) When a person is arrested on a charge of committing an offence of rape or an
attempt to commit rape and there are reasonable grounds for believing that an examination
of his person will afford evidence as to the commission of such offence, it shall be lawful for
a registered medical practitioner employed in a hospital run by the Government or by a local
authority and in the absence of such a practitioner within the radius of sixteen kilometres
from the place where the offence has been committed, by any other 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 arrested person
and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without
any delay, examine such person and prepare a report of his examination giving the following
particulars, namely:—
(i) the name and address of the accused and of the person by whom he was
brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA
profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be
noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to
the investigating officer, who shall forward it to the Magistrate referred to in section 193 as
part of the documents referred to in clause (a) of sub-section (6) of that section.
Explanation:
This section deals with the medical examination of person accused of rape by medical practitioner. It outlines the circumstances under which such an examination can be conducted, the procedures involved, and the reporting requirements.
Key Points:
- Permitted Examination: If there are reasonable grounds to believe that a medical examination of the accused person will provide evidence related to the alleged rape or attempted rape, the examination can be conducted.
- Authorized Personnel: Only a registered medical practitioner employed by a government-run hospital or a local authority can perform the examination. If no such practitioner is available within 16 kilometers of the crime scene, any other registered medical practitioner can conduct the examination at the request of a police officer.
- Force: The medical practitioner can use reasonable force to conduct the examination if necessary.
- Detailed Report: The medical practitioner must prepare a comprehensive report containing specific information such as the accused’s name and address, age, any injuries, the description of material taken for DNA profiling, and other relevant details.
- Time Stamping: The report must include the exact time the examination began and ended.
- Report Submission: The report must be submitted to the investigating officer without delay, who then forwards it to the Magistrate.
Illustration:
Suppose a woman reports being raped, and the police arrest a suspect. Based on the evidence gathered, the police believe that a medical examination of the suspect could reveal crucial evidence. They would then contact a registered medical practitioner at a nearby government hospital. The medical practitioner would conduct the examination and prepare a detailed report, including any evidence collected for DNA analysis. This report would be submitted to the investigating officer for further legal proceedings.
Common Questions and Answers: on Examination Of Person Accused Of Rape By Medical Practitioner
Q: What is the purpose of this section?
A: It provides a legal framework for conducting medical examinations of suspects in rape or attempted rape cases to obtain evidence that may help determine their guilt or innocence.
Q: Why is the examination limited to a registered medical practitioner?
A: This ensures that the examination is conducted by a qualified professional who can properly collect and document evidence. It also aims to protect the accused’s rights by minimizing the risk of abuse or misconduct.
Q: What happens to the collected material for DNA profiling?
A: It is secured and submitted to a forensic laboratory for analysis. The results of the analysis can be used as evidence in the court proceedings.
