Chapter V
Section 54 CrPC: Examination of arrested person by medical practitioner at the request of the arrested person
New Law Update (2024)
Section 58 BNSS
TRIAL COURT
Punishment
Procedural – Trial / Charge
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.
(2) Where an examination is made under Sub-Section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.
Important Sub-Sections Explained
Section 54(1)
This sub-section grants an arrested person the fundamental right to request a medical examination of their body if they believe it will provide evidence either to disprove their involvement in an offense or to establish an offense committed against them by another person. A Magistrate is generally bound to order this examination by a qualified medical practitioner, unless the request is clearly made for malicious reasons like vexation or delay.
Section 54(2)
This crucial sub-section ensures the arrested person’s right to information by mandating that a copy of the medical examination report, once prepared, must be furnished directly to the arrested person or to a person nominated by them. This provision promotes transparency and allows the accused access to vital evidence that may impact their defense.
Landmark Judgements
Sheela Barse v. State of Maharashtra (1983):
This landmark judgment highlighted the importance of protecting arrested persons, especially women, from custodial violence and emphasized their right to legal aid and medical examination while in custody.
D.K. Basu v. State of West Bengal (1997):
This significant ruling established comprehensive guidelines for arrest and detention procedures to safeguard the fundamental rights of arrested individuals and prevent custodial torture, reaffirming the right to medical examination for all detainees.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE, [City/District]
Criminal Miscellaneous Application No. ____ of 20___
IN THE MATTER OF:
An Application under Section 54 of the Code of Criminal Procedure, 1973
AND IN THE MATTER OF:
[Name of Arrested Person]
Son/Daughter of [Father/Husband’s Name]
Aged about [Age] years
Resident of [Address]
…Applicant (Arrested Person)
VERSUS
THE STATE OF [State Name]
(Through the Station House Officer, Police Station [Police Station Name], [City/District])
…Respondent
MOST RESPECTFULLY SHOWETH:
1. That the Applicant, [Name of Arrested Person], was arrested by the Police of Police Station [Police Station Name] on [Date of Arrest] in connection with FIR No. [FIR Number, if applicable] registered under Sections [Sections of Law, if applicable] of the Indian Penal Code/other relevant law.
2. That the Applicant is currently in police/judicial custody at [Place of Detention, e.g., District Jail / Police Lock-up].
3. That the Applicant submits that a medical examination of his/her body is crucial as it will afford evidence to disprove the commission by him/her of any offence and/or establish the commission by another person of an offence against his/her body. (Elaborate briefly if specific allegations exist, e.g., “The Applicant alleges that he/she was physically assaulted by certain individuals prior to his/her arrest, and marks of injury are present on his/her body which need to be documented and examined by a medical practitioner to establish the truth of the incident.”)
4. That the Applicant genuinely believes that such an examination is not sought for the purpose of vexation, delay, or for defeating the ends of justice, but rather to ensure a fair investigation and trial.
5. That in view of Section 54 of the Code of Criminal Procedure, 1973, the Applicant is entitled to a medical examination by a registered medical practitioner at his/her request.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Direct the immediate medical examination of the Applicant, [Name of Arrested Person], by a registered medical practitioner at a government hospital or a competent medical facility.
b) Direct that a copy of the report of such medical examination be furnished to the Applicant or a person nominated by the Applicant, as mandated by Sub-Section (2) of Section 54 CrPC.
c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Place: [City]
Date: [Date]
(Signature of the Applicant/Counsel for Applicant)
[Name of Applicant/Counsel]