Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 52
Examination of person accused of rape by medical practitioner
In one line
BNSS Section 52 deals with examination of person accused of rape by medical practitioner and replaces CrPC 53A.
Bare act text — BNSS 52
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.
What changed from the CrPC
- CrPC 53A → BNSS 52: The words "police officer not below the rank of Sub- Inspector" are replaced by "any police officer".
Frequently asked
What was BNSS Section 52 in the CrPC?
BNSS Section 52 (Examination of person accused of rape by medical practitioner) replaces Section 53A of the Code of Criminal Procedure, 1973. CrPC 53A is now BNSS 52.
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Nearby BNSS sections
- 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 51 — Examination of accused by medical practitioner at request of police officer
- 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
- BNSS 57 — Person arrested to be taken before Magistrate or officer in charge of police station
