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Report No. 154

16. Examination of Accused by Medical Practitioner at the request of the Police Officer: New Explanation to section 53

Do you agree with the suggestion that for the Explanation clause under section 53 of the Code, the following Explanation should be substituted, as laid down in clause 10 under the Code of Criminal Procedure (Amendment) Bill, 1994, namely:

"Explanation-In this section and in sections 53A and 54,

(a) "examination" shall include the examination of blood, swabs in case of sexual assault, sputum and sweat, hair samples and finger nail clippings 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 and whose name has been entered in a State Medical Register"?

The Code of Criminal Procedure, 1973 Back

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