Question
A person is arrested for a serious crime. The police
officer desires to compel the arrested person to attend an examination by a medical practitioner in order to collect physical evidence. Under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the medical examination of an arrested person regulated?Solution
Section 53 of BNSS, 2023 deals with "Examination of arrested person by medical officer". The section provides that "when a person is arrested on a charge of committing an offence of a nature that leaves body marks or which involves loss of blood, the police officer making such arrest may, at any time before the expiry of twenty-four hours from the time of such arrest...require such person to submit to examination by a medical practitioner." The examination must be conducted at the request of the police officer and must be done with dignity. Section 51 deals with power to seize offensive weapons, Section 52 addresses examination in rape cases specifically, Section 54 addresses identification procedures, and Section 55 addresses procedure when police officer deputes subordinate, but Section 53 governs general medical examination of arrested persons.
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