Examination of accused by medical practitioner at request of police officer.
- (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 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 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.
(3) The registered medical practitioner shall, without any delay, forward the examination
report to the investigating officer.
Explanation.—In this section and sections 52 and 53,—
(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 recognised under the National Medical Commission
Act, 2019 and whose name has been entered in the National Medical Register or a
State Medical Register under that Act.
Read also Section 50 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS