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    Question

    Consider the following statements regarding examination

    of arrested person by medical officer under Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: Medical examination can be conducted immediately upon arrest without requiring compliance with any procedure. Statement 2: The medical examination must be conducted in the presence of a police officer of the same gender as the arrested person when possible. Statement 3: Medical examination results are confidential and cannot be shared with the accused. Statement 4: The police officer cannot compel the arrested person to undergo medical examination; it requires the person's consent. Which statements are correct?
    A Statements 1 and 3 only Correct Answer Incorrect Answer
    B Statements 2 and 4 only Correct Answer Incorrect Answer
    C Statements 2 only Correct Answer Incorrect Answer
    D Statements 3 and 4 only Correct Answer Incorrect Answer
    E All statements are correct Correct Answer Incorrect Answer

    Solution

    Section 53 provides that medical examination can be required, and BNSS emphasizes dignity and safeguards. The examination should be conducted with same-gender officers when possible to ensure dignity. Statement 2 is correctтАФthis aligns with constitutional protections. Statement 1 is incorrect because medical examination has procedural requirements and must be by a medical practitioner. Statement 3 is incorrectтАФmedical examination results must be disclosed to the accused as they form part of the investigation. Statement 4 is partially correct (consent respected where possible) but the officer can "require" the examination under Section 53, making absolute consent requirement imprecise. Statement 2 alone correctly reflects the statutory requirement regarding gender-sensitive procedures.

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