Section 53 of The Code of Criminal Procedure, 1973
- (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.]
Summary
- Police can request a medical examination of an accused person if there are grounds to believe it will provide evidence of a crime.
- The request for such an examination must come from a police officer not below the rank of sub-inspector.
- A registered medical practitioner, or someone acting under their direction, performs the examination.
- The law allows the use of such force as is reasonably necessary to carry out the medical examination.
- If the accused person is a female, the examination must be done by or under the supervision of a female registered medical practitioner.
- The definition of examination includes checking blood, semen, swabs, or DNA profiling.
Practical examples
FAQ
1. What is the minimum rank of a police officer who can request a medical exam under Section 53 of the Code of Criminal Procedure, 1973?
A police officer must be at least the rank of sub-inspector to make the request under Section 53 of the Code of Criminal Procedure, 1973.
2. Can force be used for a medical exam under Section 53 of the Code of Criminal Procedure, 1973?
Yes, Section 53 of the Code of Criminal Procedure, 1973, allows for such force as is reasonably necessary to perform the examination.
3. Who counts as a registered medical practitioner under Section 53 of the Code of Criminal Procedure, 1973?
It is a medical practitioner with a recognized medical qualification whose name is entered in a State Medical Register.
Test yourself
Q1.Under Section 53 of the Code of Criminal Procedure, 1973, who can request a medical examination of the accused?
Q2.Under Section 53 of the Code of Criminal Procedure, 1973, how must a female accused be examined?
Q3.What does the term "examination" include under Section 53 of the Code of Criminal Procedure, 1973?
Q4.Under Section 53 of the Code of Criminal Procedure, 1973, can force be used to conduct the exam?