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CHAPTER V ARREST OF PERSONS

Section 52: Examination of person accused of rape by medical practitioner

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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 any police officer, 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 any 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 any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

1 question in 7 of our papers cite Section 52. Try these from the free papers:

  1. 1. Under Section 52(1) of the BNSS, a person arrested on a charge of rape may be examined by a registered medical practitioner employed in a hospital run by the Government or a local authority and, in the absence of such a practitioner within a certain radius from the place where the offence was committed, by any other registered medical practitioner. That radius is

Practise questions on Bharatiya Nagarik Suraksha Sanhita