NOTES FOR JUDICIAL SERVICE | Section 53of Cr.P.C Concept of section 53 Cr.P.C | deals with examination of accused by a medical practitioner at the request of the police office.
Conditions required |
(1) a request is made by a police officer not below the rank of sub-inspector,
(2) upon reasonable grounds which such officer bona fide entertains,
(3) that an examination of the arrested person by a medical practitioner will afford evidence as to the commission of the offence.
SCOPE OF SECTION 53
1. Requirements for a medical examination could be done ?
Medical examination of the accused is done,
a) a police officer not below the rank of sub-inspector has made a request
b) This is made on reasonable grounds in a bona fide manner
c) if from the nature of the alleged offence or from the circumstances under which it was alleged to have been committed, there is reasonable ground for believing that such an examination will afford evidence.
2. When a medical examination be directed?
A medical examination of an arrested person can be directed during the course of an investigation, either at the instance of the investigating officer or the arrested person.
3. Can medical examination be directed suo- moto by court ?
It is also within the powers of a Court to direct such a medical examination on its own. Such an examination can also be directed in respect of a person who has been released from custody on bail as well as a person who has been granted anticipatory bail.
4. Whether medical examination apply to examination of internal organs ?
The expression “examination of his person” cannot be confined only to external examination of the body. Many times it becomes necessary to make examination of some organs inside the body.
5. Use of force in medical examination !!!!!
Furthermore, section 53 of the Code contemplates the use of “force as is reasonably necessary” for conducting a medical examination.
Therefore, whatever discomfort that may be caused when samples of blood and semen are taken from an arrested person, it is justified by the provisions of Sections 53 and 54, CrPC.( Ananth Kumar Naik v. State of Andhra Pradesh, 1977 Cri L J 1797 (A.P.)]
6. CASE LAW | Selvi & Ors vs State Of Karnataka AIR 2010 SC 1974
· Once a Court has directed the medical examination of a particular person, it is within the powers of the investigators and the examiners to resort to a reasonable degree of physical force for conducting the same.
· DNA profiling technique has been expressly included among the various forms of medical examination in the amended explanation to sections 53, 53A and 54 of the Code of Criminal Procedure, 1973.
Why can an arrested person not resist against his medical examination under Section
53 of the Code of Criminal Procedure, 1973?
If any person offers resistance to his production before a registered medical practitioner or on his production before such practitioner, offers resistance to the examination of his body or to the collection of his blood, the section also empowers the use of all means reasonably necessary to secure the production of such person or the examination of his body or the collection, of blood necessary for the test. Resistance to production before a registered medical practitioner or to the examination of the body or to the collection of blood is deemed to be an offence under Section 186 of the Indian Penal Code.