Section 51 BNSS 2023: Medical Examination of Accused at Police Request
Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits a registered medical practitioner, acting at the request of a police officer, to medically examine an arrested accused when there are reasonable grounds to believe that examination of the person's body will afford evidence relating to the commission of an offence. It also regulates reasonable force, examination of a female, forwarding of the medical report, and scientific examination including DNA profiling.
What is Section 51 BNSS?
Section 51 is an evidence-gathering provision connected with arrest. It applies where the nature of the alleged offence and the circumstances in which it is said to have been committed provide reasonable grounds for believing that examination of the arrested person's body will yield evidence concerning the offence.
Key legal terms under Section 51
Reasonable grounds: Objective grounds based on the nature of the alleged offence and surrounding circumstances that support a belief that medical examination may yield evidence relating to the offence.
Examination: For Sections 51, 52 and 53, the statutory Explanation includes examination of blood, blood stains, semen, swabs in cases of sexual offences, sputum and sweat, hair samples and finger nail clippings by modern and scientific techniques, including DNA profiling, and other tests considered necessary by the registered medical practitioner in the particular case.
Registered medical practitioner: A medical practitioner possessing a medical qualification recognised under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or a State Medical Register under that Act.
Reasonably necessary force: Force limited to what is reasonably necessary for carrying out the examination authorised by Section 51. The section does not authorise unlimited or punitive force.
Investigating officer: The police officer conducting the investigation to whom the registered medical practitioner must forward the examination report without delay.
Text of Section 51 - Examination of accused by medical practitioner at request of police officer
51. (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.
(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.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
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;
(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.
When can medical examination be requested?
The power is not triggered merely because a person has been arrested. Section 51(1) requires an arrest on a charge of committing an offence and reasonable grounds for believing, from the nature of the offence and the circumstances alleged, that examination of the person will afford evidence as to the commission of an offence.
Who may request and conduct the examination?
The registered medical practitioner acts at the request of any police officer. A person acting in good faith in the medical practitioner's aid and under that practitioner's direction may also assist in making the examination. The examination itself must remain reasonably necessary for ascertaining facts that may afford evidence.
Use of reasonable force under Section 51
Section 51 expressly permits the use of such force as is reasonably necessary for the authorised examination. The language imposes a necessity and proportionality limit: the force must be connected with, and no more than reasonably necessary for, carrying out the lawful examination contemplated by the provision.
Safeguard for examination of a female
Under Section 51(2), when the person to be examined is a female, the examination may be made only by a female registered medical practitioner or under the supervision of a female registered medical practitioner.
Medical examination report
Section 51(3) requires the registered medical practitioner to forward the examination report to the investigating officer without any delay. This creates a direct statutory duty concerning transmission of the medical findings for investigation.
DNA profiling and other scientific tests
The Explanation expressly includes modern and scientific techniques within the meaning of "examination". The listed material includes blood, blood stains, semen, swabs in sexual offence cases, sputum, sweat, hair samples and finger nail clippings, and specifically includes DNA profiling as well as other tests the registered medical practitioner considers necessary in the particular case.
Meaning of registered medical practitioner
Section 51 adopts the National Medical Commission Act, 2019 framework. The practitioner must possess a medical qualification recognised under that Act and must have his or her name entered in the National Medical Register or a State Medical Register. The National Medical Commission Act provides for maintenance of the National Register and State Registers.
Relationship with Sections 52 and 53 BNSS
The Explanation to Section 51 expressly applies to Section 52 BNSS and Section 53 BNSS as well. Section 52 contains the specific procedure for medical examination of a person accused of rape, while Section 53 deals with examination of an arrested person by a medical officer.
Section 51 BNSS at a glance
- The person must have been arrested on a charge of committing an offence.
- There must be reasonable grounds to believe that examination will afford evidence relating to the offence.
- A registered medical practitioner may act at the request of any police officer.
- Only examination reasonably necessary for obtaining such evidence is authorised.
- Only force reasonably necessary for that purpose may be used.
- A female must be examined only by, or under the supervision of, a female registered medical practitioner.
- The medical practitioner must forward the report to the investigating officer without delay.
- The statutory definition of examination includes DNA profiling and other modern scientific tests.
Official legal resources
This page provides general legal information. The legality, scope and manner of a medical examination in an individual case depend on the statutory preconditions, medical necessity, applicable constitutional protections, other relevant law and binding judicial decisions.