Chapter V

Section 53A CrPC: Examination of person accused of rape by medical practitioner

New Law Update (2024)

Section 53 BNSS

TRIAL COURT

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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 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.
(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.
(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 sub-section (5) of that section.

Important Sub-Sections Explained

Section 53A(1)

This sub-section outlines who is authorized to conduct the medical examination of a person accused of rape, the conditions under which it can be performed, and the permissibility of using reasonable force for the purpose of the examination.

Section 53A(2)

This crucial sub-section details the specific particulars that must be included in the medical report prepared by the practitioner, ensuring comprehensive documentation of findings, including details for DNA profiling, which are vital for evidence.

Landmark Judgements

State of Haryana v. Jagbir Singh and Ors. (2009):

The Supreme Court highlighted the crucial role of medical examination and collection of forensic evidence, including DNA samples, under Section 53A CrPC in cases of sexual assault. It underscored that prompt and proper investigation, including scientific methods, is essential for a fair trial and to bring offenders to justice.

Suresh v. State of Haryana (2014):

The Supreme Court reiterated the importance of DNA evidence in proving charges of rape and emphasized the need for collecting appropriate samples and conducting thorough medical examinations as prescribed by Section 53A of the CrPC to ensure robust evidence for prosecution.

Draft Format / Application

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