(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 if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further 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. (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 not available, by a registered medical practitioner soon after the arrest is made:
Bharatiya Nagarik Suraksha Sanhita
Section 53
Examination of arrested person by medical officer
⚡ Quick Answer Reference: Section 53 BNSS
- Provision: Section 53 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 requires a medical examination of an arrested person by a government medical officer or a registered practitioner soon after arrest, with special provisions for female arrestees.
What does Section 53 of BNSS say?
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What does Section 53 of BNSS mean?
Plain English Explanation
This section requires a medical examination of an arrested person by a government medical officer or a registered practitioner soon after arrest, with special provisions for female arrestees.
Practical Interpretation
In practice, this section ensures that arrested individuals receive a medical check-up to document any injuries, which can be crucial in subsequent legal proceedings.
Core Legal Purpose
The core purpose is to safeguard the health and well-being of arrested persons and to create a medical record that can be used as evidence in court.
- •The arrested person must be examined by a medical officer or a registered medical practitioner soon after arrest.
- •A record of the examination must be prepared, noting any injuries or marks of violence and the approximate time they were inflicted.
- •The key legal test is the availability of a medical officer or a registered medical practitioner to conduct the examination.
- •A key exception is that if the arrested person is female, the examination must be conducted by or under the supervision of a female medical officer or practitioner.
Practical Example of Section 53 BNSS
Rajesh is arrested by the police and, as per this section, is taken for a medical examination by a registered medical practitioner. The practitioner notes some injuries on Rajesh's body and prepares a report, which is then given to Rajesh. This report can later be used as evidence in court to determine the circumstances under which Rajesh sustained those injuries.
Frequently Asked Questions about Section 53 BNSS
Q: What is the punishment or consequence under Section 53 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 arrested persons, regardless of whether they are private individuals or associated with public entities, and mandates the responsibility on the part of the arresting authority to ensure a medical examination is conducted.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedural requirement for the treatment of arrested persons, thus it does not classify an offence as bailable or cognizable.
Common Questions about Section 53 BNSS
What is Section 53 of BNSS?
Section 53 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Examination of arrested person by medical officer". In plain terms: This section requires a medical examination of an arrested person by a government medical officer or a registered practitioner soon after arrest, with special provisions for female arrestees.
What is the punishment under Section 53 of BNSS?
Section 53 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 53 of BNSS bailable or non-bailable?
Whether Section 53 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 53 of BNSS?
The essential elements of Section 53 of BNSS are: The arrested person must be examined by a medical officer or a registered medical practitioner soon after arrest.; A record of the examination must be prepared, noting any injuries or marks of violence and the approximate time they were inflicted.; The key legal test is the availability of a medical officer or a registered medical practitioner to conduct the examination..
Landmark Judgments under Section 53 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 53
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