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Report No. 152

7.2. Various situations categorised.-

Sections 53 and 54 of the Code of Criminal Procedure provide for the medical examination of an arrested person. Under section 53, a police officer has power to get an arrested person medically examined by a registered medical practitioner if there are reasonable grounds for believing that medical examination of his person will afford evidence to the commission of offence. Once the police officer entertains reasonable grounds for believing that the examination of the arrested person will afford evidence to the commission of the crime, it would be compulsory for the accused to undergo medical examination.

Section 54, on the other hand, confers a right on the arrested person to get himself medically examined, if, at the time of his production before the magistrate he makes an allegation that the examination of his body will afford evidence which will disprove the commission by him of an offence or which will establish the commission by any other person of an offence against his body.

On such a request being made, the magistrate is bound to issue a direction for the medical examination of the body of such a person by a registered medical practitioner unless the magistrate considers that the request is made for the purpose of delay or for defeating the ends of justice. These two general provisions regulate the question of medical examination, in all kind of cases including rape and cognate offences and custodial crimes.



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