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What is Power to seize offensive weapons? What is Examination of accused by medical practitioner at the request of police officer? What is Examination of arrested person by medical practitioner at the request of the arrested person? Section 52, 53 and 54 of Code of Criminal Procedure 1973.

Power to seize offensive weapons, Examination of accused by medical practitioner at the request of police officer, Examination of arrested person by medical practitioner at the request of the arrested person are defined under Section 52, 53 and 54 of CRPC 1973. Provisions under these sections are:

 

Section 52 of CRPC. "Power to seize offensive weapons"

The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested

 

Section 53 of CRPC. "Examination of accused by medical practitioner at the 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 a police officer not below the rank of sub-inspector, 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.

1[Explanation.-In this section and in sections 53A and 54,-

(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 as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.

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1 Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006).

 

 

Section 54 of CRPC. "Examination of arrested person by medical practitioner at the request of the arrested person"

(1) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:

Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

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1. Subs. by Act 5 of 2009, s. 8, for section 54 (w.e.f. 31-12-2009).

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