CrPC Section 53A and BNSS Section 52: Medical Examination of a Person Accused of Rape
Updated: 16 October 2026
Section 53A of the Code of Criminal Procedure, 1973 governed the medical examination of a person arrested for rape or attempted rape. From 1 July 2024, the corresponding provision for proceedings governed by the new procedural law is Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Meaning and scope of BNSS Section 52
Section 52 is titled Examination of person accused of rape by medical practitioner. It is an evidence-gathering procedural provision, not a definition of rape or a punishment provision. The substantive offences are addressed under the Bharatiya Nyaya Sanhita, 2023, including Section 63 (rape) and Section 64 (punishment for rape), as applicable.
When can the accused be medically examined?
Under Section 52(1), the person must have been arrested on a charge of rape or attempted rape, and there must be reasonable grounds to believe examination of the person will provide evidence relating to that offence. A registered medical practitioner employed by a government or local-authority hospital may conduct the examination at the request of any police officer. If no such practitioner is available within 16 kilometres of the place where the offence was committed, another registered medical practitioner may conduct it.
The provision authorises force only to the extent reasonably necessary for the examination and also protects persons acting in good faith under the practitioner's direction. It does not authorise unnecessary or punitive force.
Medical examination report: Section 52(2) to (5)
The medical practitioner must examine the arrested person without delay and prepare a report recording:
- The name and address of the accused and of the person who brought the accused.
- The age of the accused.
- Any injury marks on the accused.
- A description of material collected for DNA profiling.
- Other material particulars in reasonable detail.
Under subsection (3), the report must precisely state the reasons for each conclusion. Subsection (4) requires the exact commencement and completion times. Under subsection (5), the practitioner must forward the report without delay to the investigating officer, who forwards it to the Magistrate under BNSS Section 193 with the prescribed investigation documents.
What is a registered medical practitioner?
The explanation to BNSS Section 51, applicable also to Sections 52 and 53, defines a registered medical practitioner by reference to a recognised qualification under the National Medical Commission Act, 2019 and entry in the National Medical Register or a State Medical Register. It also explains that examination may include blood, semen, swabs, hair, fingernail clippings, DNA profiling and other scientifically appropriate tests.
Former CrPC Section 53A and present BNSS Section 52
| Issue | CrPC Section 53A (earlier law) | BNSS Section 52 (current law) |
|---|---|---|
| Purpose | Medical examination of a person accused of rape or attempted rape | Same core purpose |
| Police request | Officer not below sub-inspector rank | Any police officer |
| Practitioner availability | Government/local-authority hospital; 16 km fallback | Same framework |
| Report contents | Identity, age, injuries, DNA material and other particulars | Same essential requirements |
| Report to Magistrate | CrPC Section 173(5)(a) | BNSS Section 193(6)(a) |
Does CrPC Section 53A still apply?
BNSS came into force on 1 July 2024. Section 531 of BNSS contains repeal and savings provisions: investigations, inquiries, trials, appeals or applications pending immediately before commencement may continue under the earlier CrPC, subject to the statutory savings. Accordingly, the relevant date and procedural history must be checked before choosing which provision applies.
Evidence and procedural safeguards
The purpose of examination is to collect and document potentially relevant medical or forensic evidence. DNA or injury findings must be assessed with the other evidence and applicable evidentiary rules; an examination report does not by itself establish guilt. The statutory conditions, reasonableness of any force, timely examination and accurate documentation remain important.
Official legal sources
- National Crime Records Bureau: BNSS statutory provisions, including Sections 51 and 52
- Bureau of Police Research and Development: BNSS reference document (PDF)
- India Code: official central legislation database
- Press Information Bureau: BNSS and CrPC changes (PDF)
This article is general legal information. The applicable statutory text and judicial interpretation should be checked for individual cases.