Section 54 CrPC and Section 53 BNSS: Medical Examination of an Arrested Person

Medical examination after arrest is a statutory safeguard designed to document the physical condition of an arrested person, record injuries and ensure that a copy of the examination report is available to the arrested person or their nominee.

Section 53 BNSS: Examination of Arrested Person by Medical Officer

Sub-section (1) - Examination soon after arrest. An arrested person must be examined soon after arrest by a medical officer serving the Central or a State Government. If such a medical officer is unavailable, a registered medical practitioner may conduct the examination.

First proviso - Further examination. The examining medical officer or registered medical practitioner may conduct one more examination if, in their professional opinion, it is necessary.

Second proviso - Examination of a woman. The bodily examination of an arrested woman must be conducted only by or under the supervision of a female medical officer; where no female medical officer is available, by a female registered medical practitioner.

Sub-section (2) - Injury record. The examiner must prepare a record noting injuries or marks of violence and the approximate time when they may have been inflicted.

Sub-section (3) - Copy of report. The examiner must furnish a copy of the medical examination report to the arrested person or a person nominated by them.

Purpose and practical importance

The medical record may provide contemporaneous evidence of a person's condition following arrest. Documentation of visible injuries, their apparent age and any subsequent examination can assist the court in assessing allegations of ill-treatment and disputes about when injuries occurred. A medical report does not, by itself, conclusively establish who caused an injury.

Section 54 CrPC: Earlier statutory provision

Section 54 of the Code of Criminal Procedure, 1973, as substituted by Act 5 of 2009 with effect from 31 December 2009, provided the following safeguards:

The corresponding BNSS provision retains these core requirements and expressly allows an additional examination when the examining medical professional considers it necessary.

Meaning of important legal terms

Medical officer

For this provision, the first preference is a medical officer in the service of the Central Government or a State Government.

Registered medical practitioner

A medical professional holding the registration required under applicable medical regulation. The statute permits such a practitioner to examine the arrested person when the specified government medical officer is unavailable.

Marks of violence

Observable indications of possible physical injury, such as bruises, abrasions or wounds, which must be recorded along with an approximate assessment of when they may have occurred.

Person nominated by the arrested person

The person designated by the arrested individual to receive a copy of the medical examination report under sub-section (3).

Rights and safeguards after arrest

• Medical examination must take place soon after arrest under the applicable statutory provision.
• Injuries and marks of violence must be documented in the examination record.
• An arrested woman is entitled to the prescribed female-medical-professional safeguard.
• The arrested person or nominee must be furnished a copy of the report.
• Under BNSS Section 53, a further examination may be conducted when the medical professional considers it necessary.

State amendment noted in the earlier CrPC text

The earlier page reproduced an Uttar Pradesh state-amendment note associated with Act 1 of 1984, requiring a registered medical practitioner to furnish the arrested person a copy of the examination report free of cost. The original source contains an inconsistent reference to "Uttarkhand Act 1 of 1984". The historical note is retained here for completeness, but its territorial application and continued effect should be checked against the authoritative state legislation and the BNSS transition provisions before reliance.

Official legislation and further reading

Consult the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF), particularly Section 53, and the Bureau of Police Research and Development's new criminal laws portal. The Ministry of Home Affairs new criminal laws page also provides government legislation links.

For related procedural protections, see Section 53 CrPC - examination of accused at police request, Section 54A CrPC - identification of arrested person, and Section 55A CrPC - health and safety of arrested person.

This article provides general legal information. The application of transition and state-specific provisions depends on the facts and applicable law.