Insertion of new section 53A
Section 9 of the Code of Criminal Procedure (Amendment) Act, 2005 deals with insertion of new section 53A. After section 53 of the principal Act, the following section shall be inserted, namely :- "53A.
After section 53 of the principal Act, the following section shall be inserted, namely :- "53A. Examination of person accused of rape by medical practitioner .- (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely :- (i) the name and address of the accused and of the person by whom he was brought, (ii) the age of the accused, (iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.".
Section 9, The Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005).
Questions about Section 9
What does Section 9 of the Code of Criminal Procedure (Amendment) Act deal with?
Section 9 of the Code of Criminal Procedure (Amendment) Act is headed "Insertion of new section 53A". After section 53 of the principal Act, the following section shall be inserted, namely :- "53A.
How do I find court cases under Section 9 of the Code of Criminal Procedure (Amendment) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code of Criminal Procedure (Amendment) Act 9, section 9 Code of Criminal Procedure (Amendment) Act, section 9 of the Code of Criminal Procedure (Amendment) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Code of Criminal Procedure (Amendment) Act enacted?
Code of Criminal Procedure (Amendment) Act was enacted in 2005 as Act 25 of 2005. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 44. Amendment of Act 45 of 1860417 words
- 17. Insertion of new section 164A406 words
- 42. Amendment of the First Schedule400 words
- 38. Amendment of section 438350 words
- 16. Insertion of new section 144A331 words
- 4. Insertion of new section 25A316 words
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