Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 51
Examination of accused by medical practitioner at request of police officer
In one line
BNSS Section 51 deals with examination of accused by medical practitioner at request of police officer and replaces CrPC 53.
Bare act text — BNSS 51
51. Examination of accused by medical practitioner at request of police officer.
(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a 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 person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer. Explanation.---In this section and sections 52 and 53,--- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
What changed from the CrPC
- CrPC 53 → BNSS 51: From sub-section (1), "not below the rank of sub-inspector" is excluded, and subsection (3) is newly added regarding the forwarding of examination reports without delay by a medical practitioner to the investigator.
- CrPC 53 → BNSS 51: In explanation (b), the "defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956)" is replaced by "recognised under the National Medical Commission Act, 2019 (30 of 2019)," and "the National Medical Register" is also added as an optional to the State Medical Register.
Frequently asked
What was BNSS Section 51 in the CrPC?
BNSS Section 51 (Examination of accused by medical practitioner at request of police officer) replaces Section 53 of the Code of Criminal Procedure, 1973. CrPC 53 is now BNSS 51.
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Nearby BNSS sections
- BNSS 46 — No unnecessary restraint
- BNSS 47 — Person arrested to be informed of grounds of arrest and of right to bail
- BNSS 48 — Obligation of person making arrest to inform about arrest, etc., to relative or friend
- BNSS 49 — Search of arrested person
- BNSS 50 — Power to seize offensive weapons
- BNSS 52 — Examination of person accused of rape by medical practitioner
- BNSS 53 — Examination of arrested person by medical officer
- BNSS 54 — Identification of person arrested
- BNSS 55 — Procedure when police officer deputes subordinate to arrest without warrant
- BNSS 56 — Health and safety of arrested person