Sanhita.ai

Code of Criminal Procedure

(CRPC)

53A. [ Examination of person accused of rape by medical practitioner. [Inserted by Act 25 of 2005, Section 9 (w.e.f. 23.6.2006).]

Chapter 5: Arrest Of Persons

Section: 53A

(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 petitioner employed in a hospital run by the government or by the local authority and in the absence of such a petitioner within the radius of sixteen km. from the place where the offence has been committed, by any other registered medical practitioner acting at the request of a police officers 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 and examination of the arrested person and to use such force as is reasonably necessary for that purpose.

(2)The registered medical petitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particular 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 reason 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 of 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.] [Substituted by Act 25 of 2005, Section 8, for the Explanation (w.e.f. 23-6-2006). Prior to its substitution, the Explanation read as under :- [ 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].]

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