Sec 53- Examination of accused by medical practitioner at the 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 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 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 section 54,"
registered medical practitioner" means a medical practitioner who possesses any
recognized 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.

Explained :

1. Examination of the accused by medical practitioner.

2. Examination is held at the request of Police officer.
3. Reasonable grounds for believing that an examination of his person will
afford evidence as to commission of an offence.
4. Police officer not below the rank of sub-inspector.
5. Medical practitioner should act in good faith in sub-inspector’s aid and
direction.
6. In case of female then she is to be examined by or under supervision of
female registered medical practitioner.
This provision has been incorporated in the Code to facilitate effective
investigation. Sub-Section (2) affords special protection to females who may be
medically examined only by a lady medical practitioner.

The request for medical examination of the accused has to be made by a police
officer not below the rank of Sub-Inspector when he bona fide believes that such
examination of the arrested person will afford evidence as to the commission of
the offence. Such examination is a part of investigation as defined in Section 2 (4)
subjecting an arrested person to medical examination under Section 53 is a
proceeding and, therefore, forms part of an investigation.

Where there was dispute regarding paternity of child and the woman deposed
that it was the petitioner who fathered the child, the order directing the
petitioner to undergo blood test was proper.

The section does not debar other superior officers or the Court concerned from
exercising the power under Section 53 to pass an order for the medical
examination of the accused if deemed necessary in the interest of justice in the
criminal case.

In Neeraj Shcirma v. Slate of U.P. the High Court of Allahabad has ruled that taking
of hair sample comes within the ambit of medical examination of the accused and
a Magistrate or a Court trying the case has powers to direct such examination or
sample of hair, blood, nails etc. where there is reasonable ground to believe that
such examination will afford evidence as to commission of an offence.

The Court further held that such an examination is not violative of the
constitutional provision of Article 20 (3) and that a person cannot be said to have
been compelled “to be a witness” against himself if he is required to undergo
medical examination under Section 53 of the Code.

The medical examination contemplated by this section is not confined only to the
examination of the skin or visible part of the body but also includes examination
of some organs inside the body for the purpose of collecting evidence. It also
includes x-ray examination or taking electro-cardiograph, serum, urine, sputum,
blood etc. depending upon the nature of the case.
It may further be noted that the medical examination under Section 53 is in
respect of a person on charge of committing an offence. Therefore, even if an
accused person is released on bail he is still notionally in the custody of the Court
through the surety and hence his medical examination can be validly carried on
under this section of the Code.

The Supreme Court in Smt. Selvi and others v. State of Karnataka, observed that
narco test does not fall within the scope of expression “such other tests” in
Section 53, Explanation of Cr. P. C. The polygraph examination and BEAP (Brain
Fingerprinting lest) are different from medical examination and the analysis of
bodily substances such as blood, semen, stools, hair samples etc. since in these
tests, the person’s physiological responses are directly correlated to mental
faculties. Again, unlike the case of documents, the investigators cannot possibly
have any prior knowledge of the subject’s thoughts and memories either in actual
or constructive sense.

In any case, subjecting a person (accused or witness) to the compulsory

administration of the impugned tests, namely, polygraph or BEAP impedes his
right to choose between remaining silent and offering substantive information
and the person is compelled to convey personal knowledge irrespective of his/her
own volition.

In view of these facts, the Court opined that narco analysis technique, polygraph
examination and BEAP test should not be read into the provisions for ‘medical
examination’ under Section 53 of Cr. P. C.

It must, however, be stated that DNA profiling has been expressly included among
the various forms of medical examination in the amended explanation to Sections
53, 53-A and 54 of Cr. P. C. DNA profile is different from a DNA sample which can
be obtained from bodily substances.

A DNA profile is a record created on the basis of DNA samples made available by
forensic experts. The matching of DNA samples is emerging as a vital tool for
linking suspect’s specific criminal acts. Therefore, taking DNA samples which are
in the nature of physical evidence does not violate Art. 20 (3) of the Constitution.
The Court finally ruled that person’s right to privacy is not absolute and could be
reasonably curtailed but any forcible interference with a person’s mental
processes is not provided for under any statute.

Sec 54- Examination of arrested person by medical practitioner at the request of

the arrested person:

(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)The medical officer or a registered medical practitioner so examining the

arrested person shall prepare the record of such examination, mentioning therein
any injuries or marks of violence upon the person arrested, and the approximate
time when such injuries or marks may have been inflicted.

(3)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
arrest person or the person nominated by such arrested person.

Explained :

1. This section deals with the examination of arrested person by medical

officer (not practitioner).
2. Such medical officer is in service of state or central government and in case
the medical officer is not available by a registered medical practitioner soon
after arrest is made.
 3. Then proviso of section 54 provides that in case of female is arrested,
examination by female medical officer and in her absence by medical
practitioner.
4. Such officer/practitioner prepare the record of such examination
mentioning injuries or marks of such injuries or marks of violence.
5. Furnish copy of the report of such examination by medical officer or
medical practitioner to arrested person or person nominated by such
arrested person.

This is also a new provision which relates to examination of the body of the
person who is arrested at his request, alleging that such medical examination will
afford evidence which will disprove his involvement in the commission of the
alleged offence or will establish his physical torture or maltreatment in police
custody.

Where such request is made by the arrested person, the Magistrate is under a
duty to direct his medical examination except in a case in which the Magistrate is
of the view that such request is being made for delaying the trial or defeating the
ends of justice. Taking a serious view in custodial torture cases, the Supreme
Court in Slieela Barse v. State of Maharashtra,^ has observed that the lower
Courts should not adopt a casual approach to custodial torture cases.

In view of the rising incidence of police atrocities and custodial deaths, the Apex
Court has reviewed its earlier decision in Joginder Kumar v. State of U.P. Nilabati
Behra and Shyam Sunder Trivedi, and issued instructions in D.K. Basu v. State of
West Bengal, that in all cases of arrest and detention the arrestee, where he so
requests, be examined at the time of his arrest and major or minor injuries, if any,
present on his/her body, must be recorded at the time of his arrest.

The Inspection Memo, so prepared must be signed by both the arrestee and the
police officer affecting the arrest and its copy should be provided to the arrestee.
The Court further directed that the arrestee should be subjected to medical
examination by a qualified doctor every 48 hours during his detention in custody.
Though there is no express provision in this section i.e. Section 54 that the
medical examination of a female arrestee should be made by a lady medical
practitioner, like the one which exists in Section 53, it is presumed that this
principle will be followed in application of Section 54 as well. A copy of such
medical examination shall be made available to the person nominated by the
arrested person.