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CHAPTER V ARREST OF PERSONS

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

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(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.]

Footnotes in the official text

  1. 1.Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).

Now in the BNSS

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

53. Examination of accused by medical practitioner at the request of police officer.BNSS 51

Leading cases

Questions on this section

1 question in 2 of our papers cite Section 53. Try these from the free papers:

  1. 1. In Selvi v. State of Karnataka (2010), the Supreme Court held on the involuntary administration of narcoanalysis, polygraph examination and the Brain Electrical Activation Profile test that

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