Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 53: Examination of arrested person by medical officer.
(1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:
Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. Provided further that if the registered medical practitioner is of the opinion that one more examination of such person is necessary, she may do so.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.
Brief Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, describes the procedure for the medical examination of an arrested person. Key points include:
- An arrested individual must be examined by a medical officer of the Central or State Government, or a registered medical practitioner if no medical officer is available.
- For female arrestees, the examination must be conducted by a female medical officer or a female registered practitioner under her supervision.
- The examining medical officer or practitioner must document any injuries or marks of violence and note when these may have occurred.
- A copy of the examination report must be provided to the arrested person or a nominated individual.
Question & Answers
Q1: What is the requirement for examining an arrested person according to Section 53?
A1: An arrested person must be examined by a medical officer from the Central or State Government, or by a registered medical practitioner if no officer is available.
Q2: What special provisions are in place for the examination of female arrestees?
A2: The examination of female arrestees must be conducted by a female medical officer or under her supervision, or by a female registered medical practitioner if the female medical officer is unavailable.
Q3: What details must be recorded during the examination?
A3: The examination must include a record of any injuries or marks of violence and the approximate time when such injuries may have occurred.
Q4: Who receives a copy of the examination report?
A4: A copy of the examination report must be furnished to the arrested person or a person nominated by them.
Q5: Can a registered medical practitioner conduct additional examinations?
A5: Yes, if the registered medical practitioner believes that another examination is necessary, she may perform it.
Example
1. Scenario: A male suspect is arrested for a crime, and a medical examination is required.
Action: A medical officer examines him promptly after the arrest and documents any injuries.
2. Scenario: A female suspect is arrested, and the designated medical officer is unavailable.
Action: A female registered medical practitioner examines her under the supervision of a female medical officer.
3. Scenario: The medical examination reveals signs of violence on the arrested person.
Action: The medical officer records the injuries and includes the approximate time of occurrence in the report.
Summary
Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates the examination of arrested individuals by medical officers or registered medical practitioners. It includes specific provisions for female arrestees and emphasizes the need to document injuries and their timing. The section ensures that a report of the examination is provided to the arrested person or their nominee, thereby safeguarding the rights of individuals in custody.
