ARREST OF PERSONSCentral

Section 53A of The Code of Criminal Procedure, 1973

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:--
1. (i)the name and address of the accused and of the person by whom he was brought,
2. (ii)the age of the accused,
3. (iii)marks of injury, if any, on the person of the accused,
4. (iv)the description of material taken from the person of the accused for DNA profiling, and
5. (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.]

Summary

This section mandates a medical examination for any person arrested on a charge of rape or attempted rape.
The examination must be conducted by a doctor at a government-run hospital or by any registered doctor within sixteen kilometers of the crime.
The medical report must include the age of the accused and a description of material taken for DNA profiling.
The report must clearly state the reasons for every conclusion reached by the doctor.
The doctor must record the exact time the examination started and finished.
The report is forwarded to the investigating officer, who then sends it to the Magistrate.

Practical examples

1A man is arrested for an attempted rape. The police take him to the local government hospital. The doctor notes the man's name, his age of 24 years, takes a blood sample for DNA testing, and records that the exam began at 10:15 AM and ended at 11:00 AM.

2A registered doctor conducts an exam under Section 53A. In his report, he explains that certain scratches on the accused are likely from a struggle, providing his detailed professional reasons for this conclusion.

FAQ

1. What specific information must a report under Section 53A of the Code of Criminal Procedure, 1973, contain?

It must include the name and address of the accused, age, injury marks, DNA profiling material, and other relevant details.

2. Where should an accused be taken for an exam under Section 53A of the Code of Criminal Procedure, 1973?

They should be taken to a doctor at a government hospital or a registered doctor within sixteen kilometers of where the offence was committed.

3. Must the doctor provide reasons for their findings under Section 53A of the Code of Criminal Procedure, 1973?

Yes, the report must state precisely the reasons for each conclusion arrived at by the medical practitioner.

Test yourself

Q1.Under Section 53A of the Code of Criminal Procedure, 1973, which of these is NOT explicitly required in the medical report?

Q2.What is the distance limit for finding a registered medical practitioner under Section 53A of the Code of Criminal Procedure, 1973, if a government hospital is unavailable?

Q3.Under Section 53A of the Code of Criminal Procedure, 1973, who receives the medical report immediately after it is finished?

Q4.Under the Code of Criminal Procedure, 1973, how does Section 53A differ from Section 53 regarding the rank of the officer?

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