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Indian criminal procedure | Updated 16 October 2026

Section 53 CrPC: Medical Examination of Accused by Police Request - Current Section 51 BNSS

Section 53 of the Code of Criminal Procedure, 1973 (CrPC) authorised a medical examination of an arrested accused when the examination could provide evidence of an offence. Its corresponding provision is now Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective from 1 July 2024.

Current law: For proceedings governed by the BNSS, refer to Section 51. Section 53 CrPC remains relevant to earlier proceedings where the repeal and savings provisions, including Section 531 BNSS, preserve application of the former Code.

Section 51 BNSS: Examination of accused by medical practitioner at request of police officer

Section 51 BNSS permits a registered medical practitioner, acting at the request of any police officer, to examine an arrested person where there are reasonable grounds to believe that such examination will yield evidence relating to the offence. The examination and any force used must be reasonably necessary for that evidentiary purpose.

What the current section provides

Sub-section (1): Authorises a reasonably necessary examination of an arrested accused for obtaining evidence, on a police officer's request, and permits reasonably necessary force. Persons assisting the practitioner in good faith under the practitioner's direction are also covered.

Sub-section (2): Examination of a female must be performed only by, or under the supervision of, a female registered medical practitioner.

Sub-section (3): The registered medical practitioner must forward the examination report to the investigating officer without delay.

When can an accused person be medically examined?

  • Arrest and alleged offence: The person must have been arrested on a charge of committing an offence.
  • Reasonable grounds: The nature and circumstances of the alleged offence must give reasonable grounds to believe the examination will provide evidence.
  • Police request: Under Section 51 BNSS, the request may come from any police officer. The former CrPC Section 53 required an officer not below the rank of sub-inspector.
  • Medical supervision: The examination is conducted by a registered medical practitioner, with good-faith assistance under the practitioner's direction where necessary.
  • Proportionality: Only examination and force reasonably necessary to ascertain relevant facts are authorised.
  • Female accused: A female registered medical practitioner must conduct or supervise the examination.
  • Report: The practitioner must promptly send the examination report to the investigating officer under BNSS Section 51(3).

Meaning of examination and registered medical practitioner

The Explanation to Section 51 BNSS, also applicable to Sections 52 and 53 BNSS, specifies the following:

Examination

Includes examination of blood, bloodstains, semen, swabs in sexual-offence cases, sputum, sweat, hair samples and fingernail clippings using modern scientific methods, including DNA profiling, together with other tests the registered medical practitioner considers necessary in the particular case.

Registered medical practitioner

A medical practitioner with a qualification recognised under the National Medical Commission Act, 2019, whose name is entered in the National Medical Register or a State Medical Register under that Act.

Section 53 CrPC, 1973: Earlier legal provision

Under Section 53(1) CrPC, when a person was arrested for an offence and reasonable grounds existed to believe examination of the person's body would yield evidence, a registered medical practitioner could, at the request of a police officer not below the rank of sub-inspector, undertake an examination reasonably necessary to establish relevant facts and use reasonably necessary force. Persons assisting the practitioner in good faith and under the practitioner's direction were also protected by the provision.

Section 53(2) CrPC: Where the arrested person was female, examination could be made only by, or under the supervision of, a female registered medical practitioner.

Explanation to former Section 53: The term "examination" included blood, bloodstains, semen, swabs in sexual offences, sputum, sweat, hair, fingernail clippings, DNA profiling and other medically necessary scientific tests. A registered medical practitioner was defined by reference to the Indian Medical Council Act, 1956 and entry in a State Medical Register. The Explanation was substituted by Act 25 of 2005, Section 8, with effect from 23 June 2006.

Unlike the former provision, Section 51 BNSS expressly adds the obligation to forward the examination report without delay and updates the medical registration definition to reflect the National Medical Commission Act, 2019.

  • Section 52 BNSS (formerly Section 53A CrPC): Medical examination of a person accused of rape or attempted rape.
  • Section 53 BNSS (formerly Section 54 CrPC): Medical examination of an arrested person by a medical officer.
  • Section 531 BNSS: Repeal and savings, including transitional treatment of specified proceedings pending immediately before commencement.
  • India Code - official repository of Central legislation; search for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Code of Criminal Procedure, 1973.
  • Bureau of Police Research and Development: BNSS reference PDF and CrPC correspondence table.

This article provides general legal information. The applicable procedure depends on the facts, the stage of the case and the relevant transitional provisions.