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Report No. 271

B. Criminal Procedure Code,1973:

4.4 Section 53-A was added vide the Code of Criminal Procedure (Amendment) Act, 2005 w.e.f 23-6-2006, providing that an accused of rape can be examined by a medical practitioner, which will include taking of bodily substances from the accused for DNA profiling.

4.5 It is noteworthy that, the said Amendment substituted the Explanation to sections 53 and 54, and made it applicable to section 53A as well, to clarify the scope of 'examination', especially with regard to the use of modern and scientific techniques including DNA profiling. Section 53 authorises the police officials to get medical examination of an arrested person done during the course of an investigation by registered medical practitioner. The Explanation provides that "Examination shall include the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case".

4.6 Section 311-A was also added to empower the Magistrate to order a person to give specimen signatures or handwriting.



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