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?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 correct—this aligns with constitutional protections. Statement 1 is incorrect because medical examination has procedural requirements and must be by a medical practitioner. Statement 3 is incorrect—medical 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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