(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other 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 arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the accused and of the person by whom he was brought; (ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from the person of the accused for DNA profiling; and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.
Bharatiya Nagarik Suraksha Sanhita
Section 52
Examination of person accused of rape by medical practitioner
⚡ Quick Answer Reference: Section 52 BNSS
- Provision: Section 52 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 medical practitioner to examine a person accused of rape to gather evidence, using reasonable force if necessary.
What does Section 52 of BNSS say?
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What does Section 52 of BNSS mean?
Plain English Explanation
This section allows a medical practitioner to examine a person accused of rape to gather evidence, using reasonable force if necessary.
Practical Interpretation
In practice, this section enables medical professionals to collect crucial evidence in rape cases, which can be used in investigations and trials.
Core Legal Purpose
The core purpose is to facilitate the collection of medical evidence in rape cases, ensuring that investigations are thorough and effective.
- •The person must be arrested on a charge of committing an offence of rape or an attempt to commit rape.
- •There must be reasonable grounds for believing that an examination will afford evidence as to the commission of the offence.
- •The key legal test is the presence of reasonable grounds for the examination.
- •A key exception is that the examination can be conducted by any registered medical practitioner if a government-employed practitioner is not available within 16 kilometres.
Practical Example of Section 52 BNSS
For instance, if Rajesh is arrested for allegedly raping Priya, the police can request a medical practitioner to examine Rajesh to collect evidence, such as DNA samples or marks of injury, which can be used to investigate the case.
Frequently Asked Questions about Section 52 BNSS
Q: What is the punishment or consequence under Section 52 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 registered medical practitioners, who can be employed by the government or private entities, and to police officers.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable, as it is a procedural provision related to the examination of accused persons.
Common Questions about Section 52 BNSS
What is Section 52 of BNSS?
Section 52 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Examination of person accused of rape by medical practitioner". In plain terms: This section allows a medical practitioner to examine a person accused of rape to gather evidence, using reasonable force if necessary.
What is the punishment under Section 52 of BNSS?
Section 52 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 52 of BNSS bailable or non-bailable?
Whether Section 52 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 52 of BNSS?
The essential elements of Section 52 of BNSS are: The person must be arrested on a charge of committing an offence of rape or an attempt to commit rape.; There must be reasonable grounds for believing that an examination will afford evidence as to the commission of the offence.; The key legal test is the presence of reasonable grounds for the examination..
Landmark Judgments under Section 52 BNSS
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