CrPC Section 53 — Examination of accused by medical practitioner at the request of police officer

Official 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 reasonably 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. 1[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 practitioner 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.] 2[

Sections referred to

• CrPC §53A — Examination of person accused of rape by medical practitioner
• CrPC §54 — Examination of arrested person by medical officer

Referred to by

• CrPC §164A — Medical examination of the victim of rape

Related Judgments

• Reserved on: 16th February, 2010; Date of Decision: 22nd Febr vs N.C.B — Delhi High Court (2010)
• CHOTKAU vs STATE OF UTTAR PRADESH — Supreme Court of India (2022)
• MUNNA PANDEY vs STATE OF BIHAR — Supreme Court of India (2023)
• SMT. SELVI & ORS. vs STATE OF KARNATAKA — Supreme Court of India (2007)
• RAJENDRA PRALHADRAO WASNIK vs STATE OF MAHARASHTRA — Supreme Court of India (2018)
• Date of Decision: November 14th, 2008; Sh. Shailender Sharma vs State & Another — Delhi High Court (2008)

Old <-> New Code Mapping

• BNSS §51 — Examination of accused by medical practitioner at request of police officer