Section 53A of CrPC : Examination of person accused of rape by medical practitioner

Section 53A of Code of Criminal Procedure 1973 - 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 a police officer not below the rank of a sub-inspector, 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 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 delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) of that section.]
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1. Ins. by s. 9, ibid. (w.e.f. 23-6-2006).

Code of Criminal Procedure 1973

Section 41A Notice of appearance before police officer

Section 41B Procedure of arrest and duties of officer making arrest

Section 41C Control room at districts

Section 41D Right of arrested person to meet an advocate of his choice during interrogation

Section 41, 42, 43, 44 of CRPC Code of Criminal Procedure 1973 - Can a person be arrested without warrant by Police? Yes. Arrest on refusal to give name and address, arrest by Private Persons, Arrest by Magistrate

Section 45 and 46 of Code of Criminal Procedure 1973 - What is Protection of members of the Armed Forces from arrest? Arrest how made?

Section 47 and 48 of Code of Criminal Procedure 1973 - What is Search of place entered by person sought to be arrested? What is Pursuit of offenders into other jurisdictions?

Section 50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person

Section 49, 50 and 51 of Code of Criminal Procedure 1973 - What is No unnecessary restraint? What is Person arrested to be informed of grounds of arrest and of right to bail? What is Search of arrested person?

Section 52, 53 and 54 of Code of Criminal Procedure 1973 - 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 53A Examination of person accused of rape by medical practitioner