Examination of accused by medical practitioner at the request ofpolice officer
Section 53 of the Code of Criminal Procedure, 1973 deals with examination of accused by medical practitioner at the request ofpolice officer. Examination of accused by medical practitioner at the request of police officer. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Examination of accused by medical practitioner at the request of police officer.
(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector,
and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that
purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register.
Section 53, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 51 Examination of accused by medical practitioner at request of police officer Close, with changes 77%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Ritesh Sinha vs State of Uttar Pradesh Home Department Secretary
Court's Decision & Legal Precedent
The case resulted in a split decision with no clear ratio decidendi. Justice Desai held that: (1) Voice sample is physical non-testimonial evidence not covered by Article 20(3); (2) A Magistrate has ancillary or implied power under Section 5 of Identification of Prisoners Act and Section 53 of Criminal Procedure Code to authorize voice sample collection during investigation; (3) Voice prints are like fingerprints and fall within inclusive definition of 'measurements' in Prisoners Act; (4) Voice sample can be included in 'examination' under Section 53 through doctrine of ejusdem generis. Justice Alam held that: (1) There is no express or evidently applicable provision in law authorizing compulsion to give voice sample; (2) Explanation (a) to Section 53 deals only with material and tangible bodily substances, not voice; (3) Voice sample cannot be included in definition of 'measurements' in Prisoners Act; (4) Court should not invent law through interpretation; (5) Law must come from legislature, not through court process.
On this section: Whether voice sample can be included in 'examination' through Explanation (a). Justice Desai held voice sample is physical non-testimonial evidence covered by 'such other tests'. Justice Alam disagreed, stating Explanation deals with material and tangible things.
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Naresh Kumar Gupta vs Sood Resins and Polymers
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings are 'proceedings' within the meaning of that section. The moratorium applies only to the corporate debtor and not to natural persons (Directors and officers) who can continue to be prosecuted under Section 141 of the Negotiable Instruments Act. The rules of statutory construction (noscitur a sociis and ejusdem generis) cannot be applied to restrict the meaning of 'proceedings' in Section 14(1)(a) when the expression is designedly wide and the object of the statute is clear - which is to preserve the corporate debtor's assets during the insolvency resolution process.
On this section: Cited to show that imprisonment and fine are punishments awardable only in criminal proceedings
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Littu @ Anuj Yadav @ Littu Yadav @ Anuj Kumar vs The State of Bihar
Court's Decision & Legal Precedent
In rape cases, the testimony of the victim is vital and corroboration is not mandatory if the victim's evidence inspires confidence and is found to be reliable. The victim of sexual assault is not an accomplice but a victim of another person's lust, and her evidence must receive the same weight as that of an injured witness. Substantial compliance with procedural requirements regarding recording of evidence through interpreters and medical examination of accused does not vitiate the prosecution case if the core evidence of rape is established through credible victim testimony supported by medical evidence and identification of accused.
On this section: Medical examination of accused in rape cases; discussed regarding non-examination of accused after 40 hours
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 53
What have the courts held on Section 53 of the Code of Criminal Procedure?
Ritesh Sinha vs State of Uttar Pradesh Home Department Secretary (02 Aug 2019) is the leading judgment on this section among those set out below: Whether voice sample can be included in 'examination' through Explanation (a). Justice Desai held voice sample is physical non-testimonial evidence covered by 'such other tests'. Justice Alam disagreed, stating Explanation deals with material and tangible things. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2017 to 2021.
How do I find court cases under Section 53 of the Code of Criminal Procedure?
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: CRPC 53, section 53 CRPC, section 53 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Ritesh Sinha vs State of Uttar Pradesh Home Department Secretary (02 Aug 2019).
What should I read with Section 53 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 54 (Examination of arrested person by medical practitioner at the requestof the arrested person), Indian Medical Council Act 2, so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 51 (Examination of accused by medical practitioner at request of police officer), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 53 of the Code of Criminal Procedure come into force?
Section 53 of the Code of Criminal Procedure, cited as CRPC 53, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.