Report No. 152
7.3. Medical examination of the accused generally: sections 53-54, Cr. P.C.-
Theoretically, medical examination can be categorised under the following heads:
(a) Medical examination of the accused generally.
(b) Medical examination of the accused in cases of rape and cognate offences.
(c) Medical examination of the victim generally.
(d) Medical examination of the victim in cases of rape and cognate offences.
So far as medical examination under category (c) is concerned, it does not generally present any problem of malpractice. As regards the medical examination of category (b) and (d), both relate to the offences of rape and cognate offences. In such cases medical examination of the accused as well as the victim is necessary, as it provides valueable evidence regarding proof of the allegations. Medical examination of accused and the victim in cases of rape and cognate offences has been exhaustively considered by the Law Commission in its 84th Report.1
After a detailed discussion, the Commission was of the opinion that the existing provisions in sections 53 and 54 of the Criminal Procedure Code were not adequate to afford evidence of commission of offence. The Commission recommended amendment of section 53 as well as insertion of section 164A of the Code of Criminal Procedure. We agree with those recommendations and reiterate that the same should be carried out.
Incidentally, we find that the bill to amend the Criminal Procedure Code introduced recently (9th May, 1994)2 seeks amendment of sections 53 and 54 of the principal Act on the subject on the basis of the recommendations of the Report of the Law Commission. However, we find that in the Notes on Clauses no reference has been made to the Law Commission's Report. It would have been helpful if this had been done.
1. Law Commission of India, 84th Report on Rape and Allied Offences-Some Questions of Substantive Law, Procedure and Evidence.
2. Code of Criminal Procedure Amendment Bill, 1994 (9th May, 1994).