Examination of arrested person by medical practitioner at the requestof the arrested person
Section 54 of the Code of Criminal Procedure, 1973 deals with examination of arrested person by medical practitioner at the requestof the arrested person. Examination of arrested person by medical practitioner at the request of the arrested person. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.
Section 54, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 52 Examination of person accused of rape by medical practitioner Distant match 47%
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 The repealed enactment still governs what happened while it was in force.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: Court may direct arrested person to subject himself to identification. Justice Desai suggested voice identification parade could be conducted under this section.
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Govind Kumar vs State Nct of Delhi
Court's Decision & Legal Precedent
The High Court should not entertain a writ petition under Article 226 in cases where an alternative and efficacious remedy, such as appeal, is available to the petitioner. The availability of such alternative remedy renders the writ petition not maintainable.
On this section: Right of accused to medical examination; Magistrate's duty to inform accused of this right when torture allegations are made
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 54
What have the courts held on Section 54 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: Court may direct arrested person to subject himself to identification. Justice Desai suggested voice identification parade could be conducted under this section. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2008 to 2019.
How do I find court cases under Section 54 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 54, section 54 CRPC, section 54 of the Code of Criminal Procedure. People searching for it also type crpc 54 in bnss and crpc 54a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 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 54 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 52 (Examination of person accused of rape by medical practitioner), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 54 of the Code of Criminal Procedure come into force?
Section 54 of the Code of Criminal Procedure, cited as CRPC 54, 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.