Whenever someone talks about investigation of crimes, people with logic often assume that everything can be proved with a lie detector test, a DNA test, or a video/ call recording. But those who are aware of legal procedures know that making the Court accept a particular piece of evidence requires a lot of convincing skills. There are specific legal provisions which lay the procedure for what and when can be made and procured as evidence. The right things collected at the right time help investigating agencies in aligning the case against the accused. Medical examination of accused under BNSS is another such aspect which holds a lot of importance. Given below is the explanation of legal provision for the accused person being medically examined at the request of police, be it sexual or any other offences.
Medical Examination of Accused under BNSS Section 51 at Police Request
Section 51 of Bharatiya Nagarik Suraksha Sanhita
51. Examination of accused by medical practitioner at request of police officer.
Comment: As the heading of provision reflects, it relates to the Police Officer requesting for the accused being medically examined by a practitioner.
(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. The provision leaves scope to even use force if necessary, to conduct such medical examination of the accused under Bharatiya Nagarik Suraksha Sanhita.
Comment: This part entitles the Police Officer to contact a medical practitioner to examine an arrested person. The circumstances should be such that the Police Officer thinks that based on nature of the allegations, the medical examination of the accused will help get some clues. In other words, the circumstances hint that medical examination of the accused person will reveal some useful evidence which may help prove the commission of offence by him/her.
(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.
Comment: In case the person to be examined is a female accused, the provision requires her examination to be made by or under the supervision of a registered female medical practitioner. Simply put, for an arrested woman, the Police should make sure that her medical examination is done by a female doctor, or under her supervision.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
Comment: When the doctor has examined the accused, he/she is duty bound to send the examination report to the investigating officer without any delay. This is a precautionary step on part of the doctor performing medical examination of the accused under BNSS. The idea behind making it quick is to prevent any tampering with the medical reports.
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;
Comment: The first explanation to provision for medical examination of accused under BNSS Section 51 clarifies the types of examination that can be conducted hereunder. It covers medical tests of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and fingernail clippings including DNA profiling. That is not it, and other tests may also be conducted if the doctor recommends so.
(b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Comment: The second explanation clarifies who a registered medical practitioner can be. It lists those who are qualified medical professionals as recognized by the National Medical Commission Act, 2019, having their names entered in the National or State Medical Register. This makes it clear that a Licensed Medical Practitioner can conduct a medical examination of the accused person, and that it is not mandatory to have a government doctor for this purpose.
Crux of Section 51 of BNSS
By going through the entire provision, the medical examination of accused under BNSS Section 51 can be summed up in following pointers:
- A Police Officer can request a Medical Practitioner to examine the accused;
- The Police Officer should have grounds to believe that the medical checkup will reveal something related to the alleged offence;
- In case of female accused, the law requires examination by a female medical practitioner or by someone under her supervision;
- Once the medical examination report is received, the medical practitioner has to forward it to the investigating officer without delay.
Medical Examination of Rape Accused under BNSS
Section 52 of Bharatiya Nagarik Surakasha Sanhita
52. Examination of person accused of rape by medical practitioner.
Comment: As can be understood, Section 52 of BNSS lays about medical examination of a rape accused.
(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.
Comment: This part requires the medical examination of a person accused of committing or attempting to commit rape. Such an examination has to be conducted by a registered medical practitioner preferably at the government hospital or a local authority. In case of otherwise, any other registered medical practitioner may examine the rape accused if the government doctor is not available within the radius of 16 kilometres where the offence was committed. Such an medical examination of rape accused may be done at the request of a police officer or anyone acting under the directions of the police. To properly conduct the medical examination of rape accused under BNSS, the provision leaves scope to even use force if necessary.
(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.
Comment: This part requires the doctor to examine the rape accused without delay and prepare an examination report. The said report must specify crucial information like name, address and age of accused, injury marks, if any, material taken for DNA profiling, and any other reasonable details.
(3) The report shall state precisely the reasons for each conclusion arrived at.
Comment: The report prepared by the medical practitioner needs to reason about each conclusion. In other words, the medical examination report of the accused cannot be made casually and the doctor needs to give specific reasons for whatever information is deduced.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
Comment: This part requires the doctor to note down the exact time when the medical examination of rape accused began and by the time it was concluded. The said timings need to reflect in the medical report so prepared.
(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.
Comment: Just like the report for medical examination of accused under BNSS Section 51, the one under Section 52 also for rape accused also needs to be forwarded to the investigating officer without delay. The said investigating officer is duty bound to forward the said medical report to the Magistrate as per Section 193 of BNSS as part of the chargesheet.
Crux of Section 52 of BNSS
By going through the entire provision, the medical examination of a rape accused under Section 51 of BNSS can be summed up in following pointers:
- It is a must to conduct medical examination of a person accused of committing or attempting the offence of rape;
- Such a medical examination must preferably be conducted at a government hospital or local authority;
- If there is not such hospital or local authority within 16 kilometer radius, any other registered medical practitioner may conduct the examination;
- The doctor conducting medical examination of accused under BNSS for offence of rape needs to record information as prescribed under Section 52;
- Each and every conclusion in the medical examination report of rape accused needs to be supported with reasons;
- The medical report so prepared needs to be forwarded to the investigating officer without delay, who in turn forwards the said report to the Magistrate as part of chargesheet.
