Code
1[53A. Examination of person accused of rape by medical practitioner.–(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 a police officer not below the rank of a sub-inspector, 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 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 delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) of that section.]
Explanation
This section provides a right to an arrested person to undergo a medical examination if they believe they have sustained any injuries during the arrest or in custody. The purpose of this provision is to ensure that:
- The arrested person’s physical well-being is protected.
- Evidence of any injuries sustained during arrest or custody is documented.
- The arrested person can present evidence of any unlawful treatment or torture in court.
Under this section, the arrested person can request a medical examination by a registered medical practitioner. The request should be made in writing and addressed to the officer in charge of the police station where they are detained.
Illustration
Imagine a person named Ram is arrested by the police. During the arrest, Ram alleges that he was assaulted by the police officers. Ram requests a medical examination to document his injuries. The police officer in charge is obliged to facilitate the medical examination as per Section 54 of CrPC.
Common Questions and Answers
Q: Can the police refuse a medical examination requested by an arrested person?
A: No, the police cannot refuse a medical examination requested by an arrested person under Section 54.
Q: Who conducts the medical examination?
A: The medical examination should be conducted by a registered medical practitioner.
Q: What happens to the medical report?
A: The medical report is a crucial piece of evidence that can be used in court proceedings. It should be kept with the case records.
Q: What if the arrested person does not request a medical examination but has injuries?
A: The police have a duty to ensure that any injuries are documented and reported. If the arrested person is unable to request a medical examination themselves, the police officer in charge should ensure the examination is conducted.
