(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 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Bharatiya Nagarik Suraksha Sanhita
Section 51
Examination of accused by medical practitioner at request of police officer
⚡ Quick Answer Reference: Section 51 BNSS
- Provision: Section 51 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: This section allows a police officer to request a medical examination of a person arrested for a serious offense to gather evidence.
What does Section 51 of BNSS say?
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What does Section 51 of BNSS mean?
Plain English Explanation
This section allows a police officer to request a medical examination of a person arrested for a serious offense to gather evidence.
Practical Interpretation
In practice, this section enables the police to collect medical evidence from an accused person, which can be crucial in investigating crimes.
Core Legal Purpose
The core purpose is to facilitate the collection of medical evidence to aid in the investigation and prosecution of crimes.
- •The person must be arrested on a charge of committing a serious offense.
- •There must be reasonable grounds to believe the examination will provide evidence.
- •The examination must be conducted by a registered medical practitioner.
- •For female accused, the examination must be made by or under the supervision of a female registered medical practitioner.
Practical Example of Section 51 BNSS
Rajesh is arrested for a serious assault. The police officer requests a medical examination to collect evidence of the assault. A registered medical practitioner examines Rajesh and collects blood samples, which are then sent for DNA profiling. The report is forwarded to the investigating officer to aid in the investigation.
Frequently Asked Questions about Section 51 BNSS
Q: What is the punishment or consequence under Section 51 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the police and registered medical practitioners in the context of a criminal investigation.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of an offence as bailable or cognizable, but rather with the procedure for medical examination of an accused.
Common Questions about Section 51 BNSS
What is Section 51 of BNSS?
Section 51 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Examination of accused by medical practitioner at request of police officer". In plain terms: This section allows a police officer to request a medical examination of a person arrested for a serious offense to gather evidence.
What is the punishment under Section 51 of BNSS?
Section 51 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 51 of BNSS bailable or non-bailable?
Whether Section 51 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 51 of BNSS?
The essential elements of Section 51 of BNSS are: The person must be arrested on a charge of committing a serious offense.; There must be reasonable grounds to believe the examination will provide evidence.; The examination must be conducted by a registered medical practitioner..
Landmark Judgments under Section 51 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 51
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