Code of Criminal Procedure, 1973Bharatiya Nagarik Suraksha Sanhita, 2023

CrPC 53ABNSS 52

Examination of person accused of rape by medical practitioner

Canonical: https://www.vakilpedia.com/crpc-53a-to-bnss

What changed

  • The words "police officer not below the rank of Sub- Inspector" are replaced by "any police officer".

Drafting-ready

Under Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 53A of the Code of Criminal Procedure, 1973)...

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 33 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.

Frequently asked

What is CrPC 53A equivalent in BNSS?

CrPC Section 53A (Examination of person accused of rape by medical practitioner) corresponds to Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

What changed between CrPC 53A and BNSS 52?

The words "police officer not below the rank of Sub- Inspector" are replaced by "any police officer".

How do I cite BNSS 52 in a pleading?

Under Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 53A of the Code of Criminal Procedure, 1973)...

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