CrPC Sections 52, 53 and 54: Seizure of Offensive Weapons and Medical Examination of Arrested Persons

Sections 52, 53 and 54 of the Code of Criminal Procedure, 1973 dealt with important safeguards and investigative powers connected with arrest: seizure of offensive weapons, medical examination for collection of evidence, and medical examination of an arrested person.

Legal position covered by this article: This page explains the Code of Criminal Procedure, 1973 as it stood immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It is therefore particularly relevant to proceedings in which the earlier CrPC continues to be material because of the applicable law, date of proceeding, or saving provisions.

For the official statutory text, readers may refer to the India Code portal. The provisions below should be read with other CrPC safeguards governing arrest, search, production before a Magistrate, investigation, and the health and safety of persons in custody.

Overview of Sections 52, 53 and 54 CrPC

Section 52 CrPC - Power to Seize Offensive Weapons

Section 52 empowered the officer or other person making an arrest under the Code to take from the arrested person any offensive weapon found about his person. A weapon so taken was required to be delivered to the Court or officer before whom the arrested person had to be produced.

Meaning and purpose of Section 52

The provision operated as an incident of a lawful arrest. Its immediate purpose was to prevent the arrested person from retaining an offensive weapon while in custody and to ensure that the weapon was placed before the appropriate judicial or police authority rather than being informally retained by the person making the arrest.

Essential requirements

The power arose when an arrest was made under the CrPC; it concerned offensive weapons found about the arrested person; and the weapon taken had to be delivered to the Court or officer before whom the arrested person was required to be produced.

Section 53 CrPC - Examination of Accused at the Request of Police Officer

Section 53 applied when a person was arrested for an offence whose nature and surrounding circumstances gave reasonable grounds for believing that examination of the arrested person's body would afford evidence concerning the commission of an offence.

In such a case, a registered medical practitioner could act at the request of a police officer not below the rank of Sub-Inspector. The practitioner, and a person acting in good faith in aid and under the practitioner's direction, could conduct an examination reasonably necessary to ascertain facts capable of providing such evidence. The section also permitted the use of force to the extent reasonably necessary for that purpose.

Safeguard for examination of a female

Where the person to be examined was female, the examination could be made only by, or under the supervision of, a female registered medical practitioner.

Meaning of "examination" under Section 53

The statutory explanation treated "examination" broadly. It included examination of blood, blood stains, semen, swabs in sexual-offence cases, sputum and sweat, hair samples and fingernail clippings through modern and scientific techniques, including DNA profiling, as well as other tests considered necessary by the registered medical practitioner in the particular case.

Meaning of "registered medical practitioner"

For the CrPC provision as it stood before the BNSS regime, the explanation linked this expression to the statutory medical-qualification and registration requirements then specified in Section 53. When applying the provision to a particular historical proceeding, the statutory text applicable on the relevant date should be checked.

Section 54 CrPC - Examination of Arrested Person by Medical Officer

Section 54, as substituted with effect from 31 December 2009, required an arrested person to be examined soon after arrest by a medical officer in the service of the Central or State Government. If such a medical officer was unavailable, the examination could be conducted by a registered medical practitioner.

Examination of a female arrested person

Where the arrested person was female, examination of the body had to be made only by, or under the supervision of, a female medical officer. If a female medical officer was unavailable, it could be made by a female registered medical practitioner.

Record of injuries and marks of violence

The examining medical officer or registered medical practitioner was required to prepare a record of the examination. The record had to mention injuries or marks of violence found on the arrested person and the approximate time at which those injuries or marks might have been inflicted.

Right to receive the medical report

A copy of the examination report had to be furnished to the arrested person or to the person nominated by the arrested person. This requirement made the medical record available to the person in custody and preserved an important contemporaneous record of physical condition following arrest.

Difference Between Sections 53 and 54 CrPC

Although both provisions concerned medical examination, their statutory purposes were different. Section 53 was evidence-oriented and operated when the nature and circumstances of the alleged offence created reasonable grounds for believing that examination would afford evidence. It was initiated at the request of a police officer of the prescribed rank. Section 54, in contrast, required medical examination soon after arrest and specifically required documentation of injuries or marks of violence and supply of the report to the arrested person or nominee.

Practical Importance Before the BNSS Regime

Taken together, Sections 52, 53 and 54 regulated three immediate consequences of arrest: securing offensive weapons, obtaining medically discoverable evidence under statutory conditions, and documenting the arrested person's physical condition. Their requirements were relevant both to investigation and to safeguards surrounding custody.

Transition to the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. This article intentionally explains the CrPC position before that commencement date. For arrests and proceedings governed by the post-commencement regime, the corresponding BNSS provisions and applicable saving or transitional provisions should be examined separately.

Disclaimer: This article provides general legal information and reproduces the substance of the statutory framework for educational reference. Application of procedural law depends on the facts, date of proceeding, amendments, saving provisions, and binding judicial decisions.