The examination contemplated by Section 53 of the Code is by registered medical practitioner and not by a laymen, which is to be done at the request of responsible police officer not below the rank of sub-inspector.
Sections 53, 53A and 54 are part and parcel of Chapter V of the Code of Criminal Procedure which deals with the arrest of the person.
Section 53 authorises investigating machinery to get an arrested person examined by a medical practitioner. Section 54 confers such a right upon the accused himself.
Medical examination of the arrested person under Section 53 is an investigation within the meaning of Section 2(h) of the Code.
See Also : Ananth Kumar Naik v. State of Andhra Pradesh, 1977 Cri LJ 1797
Section 53 provides that while making such an examination such force as is reasonably necessary for that purpose may be used.
Section 53 imposes an obligation upon the arrested person to subject to medical examination at the instance of the police to help the investigation.
Medical examination mentioned in Section 53 would include extraction of blood of person arrested.
The provision made in Section 53 of the Code is intended to help the investigation of the crime on the scientific lines so as to enable collection of evidence to prove the guilt or innocence of the person.
The modern community living requires such modern scientific methods of crime detection, lest the public go unprotected.
Examination of accused by medical practitioner at the request of police officer
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 for that purpose. [S. 53 (1)]
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. [S. 53 (2)]
Explanation to Section 53 (a) says that in this section and in sections 53A and 54, “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;
Explanation to Section 53 (b) says that “registered medical practitioner” means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register.
Examination of person accused of rape by medical practitioner.
The Code permits a registered medical practitioner to use modern and scientific techniques including DNA profiling and other tests, which he thinks necessary for the examination of a person accused of rape or attempt to commit rape, in order to assist forensic investigation.
Section 53-A Cr.P.C. requires that in case of rape the accused person should be medically examined by a medical practitioner.. This is available to the investigation only when a person is arrested on a charge of committing offence of rape. Immediately after report of offence of rape, accused has to be subjected to examination by the Medical Practitioner.
Section 53A was inserted by Code of Criminal Procedure (Amendment) Act, 2005 seeks to provide for a detailed medical examination of a person accused of an offence of rape or an attempt to commit rape by the registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a person by any other registered medical practitioner.
According to Section 53A (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 this 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 kilometers 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.
By virtue of Section 53A (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.
The report shall state precisely the reasons for each conclusion arrived at. [S. 53A (3)]
The exact time of commencement and completion of the examination shall also be noted in the report. [S. 53A (4)]
The registered medical practitioner shall, without delay, forward the report of 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 sub-section (5) of that section. [S. 53A (5)]