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      Question

      Under Section 53 of the BNSS, 2023, regarding the

      medical examination of an arrested female person, which of the following statements is correct?
      A A male medical officer can examine a female arrested person if a female officer is not available, with written permission of the Magistrate Correct Answer Incorrect Answer
      B The examination of the body of a female arrested person shall be made only by or under the supervision of a female medical officer, and in the absence of a female medical officer, by a female registered medical practitioner Correct Answer Incorrect Answer
      C A female arrested person cannot refuse a medical examination conducted by a male medical officer on grounds of modesty Correct Answer Incorrect Answer
      D The medical examination report must be forwarded to the investigating officer within 48 hours Correct Answer Incorrect Answer
      E The female arrested person has no right to receive a copy of the medical examination report Correct Answer Incorrect Answer

      Solution

      Explanation: Section 53(1) of the BNSS explicitly provides: "Provided further that where the arrested person is a fema the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner." This provision mandates gender-sensitive medical examination procedures to protect the dignity and rights of female arrested persons. This reflects constitutional protection and gender justice principles. The provision does not permit deviation based on practical convenience or Magistrate's permission—only an unavailability exception exists, and even then, a female registered medical practitioner must conduct the examination.

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