What are the provisions in Cr.P.C regarding the examination of the accused by a medical practitioner at the request of a Police officer? 

Question: What are the provisions in Cr.P.C regarding the examination of the accused by a medical practitioner at the request of a Police officer?

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Answer

Section 53 of CrPC deals with the Examination of the accused by medical practitioners at the request of the police officer. It states that-

(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.

Explanation.—In this section and in sections 53A and 54,—

(a) “examination” shall include the examination of blood, bloodstains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and fingernail 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.

Hence, whenever the accused has committed an act or is alleged to have committed an act, the police has reasonable grounds to believe that the medical examination of the accused person can help the police to get evidence of the commission of the offence, then they can request a registered medical practitioner for the examination of that person.

The police officer directing the medical practitioner should be a sub-inspector or above the rank of the sub-inspector. And, When the accused is female then she can be examined under the supervision of the female medical practitioner.

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