Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) If any allegation of ill-treatment is made by a prisoner, the Magistrate shall then and there examine the prisoner's body, if the prisoner consents, to see if there are any marks of injuries as alleged and shall place on record the result of his examination. If the prisoner refuses to permit such examination, the refusal and the reasons therefor shall be recorded. If the Magistrate finds that there is reason to suspect that the allegation is well founded, he shall at once record the complaint and cause the prisoner to be examined by a Medical Officer, if possible, and shall make a report to the Sessions Judge, through the Chief Judicial Magistrate or to the Chief Metropolitan Magistrate, as the case may be. If he has no jurisdiction to hold a necessary inquiry himself or he is not empowered to take cognizance of the offence, he should forward the prisoner with the record to the Judicial Magistrate or the Metropolitan Magistrate having jurisdiction to hold the inquiry and empowered to take the cognizance of the offence. (2) A Medical Officer, to whom a person in police custody is brought for examination, should examine the person of the prisoner, and even though no suspicious marks of injury are found, should at once report to the Magistrate authorising police custody that he has done so. (3) (i) Medical Officer in charge of jail must carefully examine the body of every under-trial prisoner on the day of his arrival in jail, or at least on the day following. (ii) Similarly, in the case of third class subsidiary jails, if there is a Sub-Assistant Surgeon or other Medical Officer in local charge of the place, every under-trial prisoner should be examined by him, if present at the station, within 24 hours of admission. (iii) In the case of lookups and subsidiary jails at places where there is no Medical Officer, the Officer in charge in all suspicious cases should send under-trial prisoners in custody to the nearest Medical Officer for examination. (4) In all such cases the Medical Officer should record the result of the examination. (5) If any marks or symptoms at all indicative of recent violence or ill-treatment are found, the Medical Officer concerned should immediately make a report to the concerned Judicial Magistrate or the Metropolitan Magistrate and to the Sessions Judge or to the Chief Metropolitan Magistrate, as the case may be. The report should specify the nature of the injuries and their position, together with the opinion of the Medical Officer as to their causation, and should state whether the prisoner makes any allegations in regard to them against the Police or others responsible for his arrest or custody. (6) If such allegations have been made, the Sessions Judge or the Chief Metropolitan Magistrate, as the case may be, should arrange for an immediate Magisterial inquiry into the complaint through such Magistrate as he may deem most convenient, unless he is satisfied by the Magistrate's report under sub-paragraph (4) above, that adequate inquiry is proceeding. (7) The result of the inquiry, so far as it ascertains the truth or falsehood of the allegations made, must be communicated as soon as possible to the Court of the substantive case. If it considers it desirable or necessary, the Court may summon the Medical Officer to give evidence in the case.