CrPC 53A — Examination of person accused of rape by medical practitioner

Code of Criminal Procedure, 1973

Statutory text

[53A.  Examination of  person  accused  of  rape  by  medical  practitioner.—(1)  When  a  person  is  arrested  on  a
charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing
that  an  examination  of  his  person  will  afford  evidence as  to  the  commission  of  such  offence,  it  shall  be  lawful  for  a
registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence
of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector,
and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The  registered  medical  practitioner conducting  such examination  shall,  without delay, examine  such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought,
(ii) the age of the accused,
(iii) marks of injury, if any, on the person of the accused,
(iv) the description of material taken from the person of the accused for DNA profiling, and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who
shall  forward  it  to  the  Magistrate  referred  to  in  section  173  as  part  of  the  documents  referred  to  in  clause  (a)  of sub-section (5) of that section.]

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