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Report No. 152

3.18. Section 54: Medical examination at the request of the arrested person.-

Section 54 of the Code gives to an arrested person the right to get his body examined if the allegation is that such examination will afford evidence which will disprove the commission by him of any offence against anybody. In this context, it has been held that it is the duty of the Magistrate to inform the arrested person that he has such a right of medical examination if he has a complaint of torture, maltreatment etc.1

It may be mentioned that in the recent Bill to amend the Code (Rajya Sabha Bill No. 35, 9th May, 1994), the following sub-section is proposed to be added to section 54:

"(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall, on a request being made by the arrested person or by any person nominated by him in this behalf, be furnished by the registered medical practitioner to the arrested person or the person so nominated."

The proposal seems to have been suggested by the fact that in Uttar Pradesh by the U.P. Act No. 1 of 1984, section 54 has been amended by inserting the following sentence at the end:-

"The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost."

1. Sheela Barse v. State of Maharashtra, AIR 1933 SC 378: 1983 Cr LJ 642.

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