Bharatiya Nagarik Suraksha Sanhita, 2023
Section 52
Examination of person accused of rape by medical practitioner
(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the
request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought;
(ii) the age of the accused;
(iii) marks of injury, if any, on the person of the accused;
(iv) the description of material taken from the person of the accused for DNA profiling; and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
Why this exists
This provision (rooted in Section 53A, introduced into the CrPC after the 2013 Criminal Law Amendment following the 2012 Delhi gang-rape case) was meant to strengthen forensic evidence-gathering in sexual offence cases. Medical examination of the accused—looking for injuries, DNA material, and other physical markers—can corroborate or challenge the survivor's account, reducing reliance on testimony alone and improving conviction accuracy. It also standardizes the process so that evidence collected is scientifically documented and admissible in court.
How courts read it
Courts have generally upheld medical examination of an accused in rape cases as consistent with the Constitution, distinguishing it from compelled testimonial statements barred under Article 20(3). In Selvi v. State of Karnataka (2010), the Supreme Court drew a line between physical/bodily evidence (permissible) and testimonial compulsion (impermissible), a principle courts have applied to examinations like this one. Judgments such as State of U.P. v. Chhotey Lal and Krishan Kumar Malik v. State of Haryana have stressed that timely medical and DNA evidence strengthens prosecution cases and that failure to conduct or properly document such examinations can weaken the evidentiary value of the prosecution's case.
Common misconceptions
- Myth: This section allows police to physically examine the accused themselves.
Fact: Only a registered medical practitioner can conduct the examination, not the police, though police can request it and assist in good faith. - Myth: The doctor can use any amount of force during the examination.
Fact: The law only permits 'reasonably necessary' force, not unlimited force. - Myth: This provision is about examining the rape victim.
Fact: This section specifically covers examination of the accused, not the victim, whose examination is addressed in a separate provision.