CrPC Section 53: Medical Examination of Accused at Police Request

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CrPC Section 53: Medical Examination of Accused at Police Request

1. Code:

CrPC Section 53 empowers a police officer to direct a medical examination of an accused person if it is necessary to ascertain any fact relevant to the inquiry or trial.

2. Explanation:

This section allows the police to request a medical examination of the accused under specific circumstances. The examination must be conducted by a registered medical practitioner and can involve:

  • Physical examination: To assess injuries, physical capabilities, or any other medical condition relevant to the case.
  • Psychological evaluation: To determine mental state, competency, or presence of any mental disorder.
  • Forensic examination: To collect evidence like DNA samples, bodily fluids, or traces of substances.

The purpose of this examination is to gather evidence that can help establish the accused’s guilt or innocence.

3. Illustration:

Consider a case where an accused person claims self-defense against an assault charge. The police, suspecting that the accused might have inflicted the injuries on themselves to fabricate the defense, can request a medical examination. The examination might reveal inconsistencies in the injuries or indicate the presence of substances that could contradict the accused’s claim.

4. Common Questions and Answers:

Q: Is the accused obligated to undergo the medical examination?
A: Yes, the accused is obligated to comply with the police request for a medical examination, as per CrPC Section 53. However, the accused has the right to be present during the examination and can choose a medical practitioner of their choice if they wish.

Q: Can the accused refuse the examination?
A: The accused can refuse the examination only if they have a valid medical reason. However, refusing the examination might raise suspicions and negatively impact the accused’s defense.

Also Read  CrPC Section 454: Appeal Against Orders Under Sections 452 & 453 - Indian Criminal Procedure Code

Q: What are the rights of the accused during the medical examination?
A: The accused has the right to be informed of the purpose of the examination, to be present during the examination, to be accompanied by a lawyer or family member, and to request a medical practitioner of their choice.

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