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QUESTION | Write a note on section 53 Cr. P.C and why can an arrested person not resist again
Importance of this question : Question on Criminal Procedure Code
QUESTION POSTED ON | 08.11.2021
MODEL ANSWER WILL BE POSTED ON | 09.11.2021
Answers can be written till 09.11.2021.
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ANSWER |
Section 53 deals with examination of accused by a medical practitioner at the request of the police office.[ Pragya Singh Thakur v State of Maharashtra, 2010 Cr LJ 3267 (3280) (Bom)].] (1) a request is made by a police officer not below the rank of sub-inspector, (2) upon reasonable grounds which such officer bona fide entertains, (3) that an examination of the arrested person by a medical practitioner will afford evidence as to the commission of the offence.
SCOPE OF SECTION 53
1.Medical examination of the accused is done,
a)a police officer not below the rank of sub-inspector has made a request
b)This is made on reasonable grounds in a bona fide manner
c) if from the nature of the alleged offence or from the circumstances under which it was alleged to have been committed, there is reasonable ground for believing that such an examination will afford evidence.
2.A medical examination of an arrested person can be directed during the course of an investigation, either at the instance of the investigating officer or the arrested person. It is also within the powers of a Court to direct such a medical examination on its own. Such an examination can also be directed in respect of a person who has been released from custody on bail as well as a person who has been granted anticipatory bail.
3.The expression “examination of his person” cannot be confined only to external examination of the body. Many times it becomes necessary to make examination of some organs inside the body. [ Anil Anantrao Lokhande v State of Maharashtra, 1981 Cr LJ 125 Bom]
4.Furthermore, section 53 of the Code contemplates the use of “force as is reasonably necessary” for conducting a medical examination.
Therefore, whatever discomfort that may be caused when samples of blood and semen are taken from an arrested person, it is justified by the provisions of Sections 53 and 54, CrPC.( Ananth Kumar Naik v. State of Andhra Pradesh, 1977 Cri L J 1797 (A.P.)]
5.Selvi & Ors vs State Of Karnataka AIR 2010 SC 1974
·Once a Court has directed the medical examination of a particular person, it is within the powers of the investigators and the examiners to resort to a reasonable degree of physical force for conducting the same.
·DNA profiling technique has been expressly included among the various forms of medical examination in the amended explanation to sections 53, 53A and 54 of the Code of Criminal Procedure, 1973.
