Section 52 BNSS 2023: Medical Examination of Person Accused of Rape
Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a specific procedure for medical examination of a person arrested on a charge of rape or attempted rape when there are reasonable grounds to believe that examination of the person's body will afford evidence relating to the alleged offence. It also prescribes who should conduct the examination, what the report must contain, the recording of examination times, DNA-related particulars, and transmission of the report through the investigating officer to the Magistrate.
What is Section 52 BNSS?
Section 52 is a specialised forensic-examination provision for a person arrested on a charge of rape or attempt to commit rape. It applies only where there are reasonable grounds for believing that examination of the arrested person's body will afford evidence as to the commission of that offence.
Key legal terms under Section 52
Reasonable grounds: Objective grounds arising from the facts and circumstances that support a belief that examination of the arrested person may produce evidence connected with the alleged rape or attempted rape.
Registered medical practitioner: The expression has the meaning given in the Explanation to Section 51 BNSS: a medical practitioner who possesses a qualification recognised under the National Medical Commission Act, 2019 and whose name is entered in the National Medical Register or a State Medical Register under that Act.
Examination: The Explanation to Section 51, which expressly applies to Sections 51, 52 and 53, includes examination of blood, blood stains, semen, swabs in sexual offence cases, sputum and sweat, hair samples and finger nail clippings using modern and scientific techniques, including DNA profiling, and other tests considered necessary by the registered medical practitioner in the particular case.
DNA profiling: A scientific technique used to analyse DNA characteristics for identification and evidentiary purposes. Section 52(2)(iv) specifically requires the report to describe material taken from the accused for DNA profiling.
Reasonably necessary force: Force limited to what is reasonably necessary for carrying out the examination authorised by Section 52.
Text of Section 52 - Examination of person accused of rape by medical practitioner
52. (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.
When does Section 52 apply?
Section 52 applies when a person has been arrested on a charge of rape or attempted rape and there are reasonable grounds for believing that examination of the person will afford evidence as to the commission of the alleged offence. Arrest alone is therefore not the only statutory condition; the evidentiary basis for examination must also exist.
Which medical practitioner should conduct the examination?
The first preference under Section 52(1) is a registered medical practitioner employed in a hospital run by the Government or a local authority. If no such practitioner is available within a radius of sixteen kilometres from the place where the offence was committed, any other registered medical practitioner may conduct the examination, subject to the remaining requirements of the section.
Who may request the examination?
The registered medical practitioner acts at the request of any police officer. A person acting in good faith in the practitioner's aid and under the practitioner's direction may assist. The examination and any force used must remain within the limits authorised by Section 52.
What must the medical report contain?
Section 52(2) requires the report to record the name and address of the accused and the person who brought him, the age of the accused, any marks of injury, the description of material taken for DNA profiling, and other material particulars in reasonable detail.
Reasons for medical conclusions
Section 52(3) requires the medical practitioner to state precisely the reasons for each conclusion reached. This requirement links the conclusions in the report to the medical and scientific basis on which they are founded.
Exact time of examination
Section 52(4) requires the exact time at which the examination begins and ends to be recorded in the report. This creates a clear statutory time record for the forensic examination.
DNA profiling and scientific evidence
Section 52 expressly requires a description of material taken from the accused for DNA profiling. In addition, the definition of "examination" in the Explanation to Section 51, applicable to Section 52, includes modern and scientific techniques such as DNA profiling and other tests the registered medical practitioner considers necessary in the particular case.
Forwarding the report under Section 52(5)
The registered medical practitioner must forward the report to the investigating officer without delay. The investigating officer must then forward it to the Magistrate referred to in Section 193 as part of the documents specified in clause (a) of sub-section (6) of that section.
Relationship with Sections 51 and 53 BNSS
Section 51 BNSS contains the general provision for medical examination of an arrested accused where examination may afford evidence. Section 52 is specifically directed to a person accused of rape or attempted rape. Section 53 BNSS separately deals with examination of an arrested person by a medical officer.
Section 52 BNSS at a glance
- The person must be arrested on a charge of rape or attempted rape.
- There must be reasonable grounds to believe that examination will afford evidence relating to the alleged offence.
- Preference is given to a registered medical practitioner employed in a Government or local-authority hospital.
- If no such practitioner is available within sixteen kilometres from the place of offence, another registered medical practitioner may conduct the examination.
- The examination is conducted at the request of any police officer.
- Only force reasonably necessary for the examination may be used.
- The report must contain the particulars specified in subsection (2), including material taken for DNA profiling.
- Reasons for every conclusion and exact start and completion times must be recorded.
- The report must be forwarded without delay to the investigating officer and then to the Magistrate as required by subsection (5).
Official legal resources
This page provides general legal information. The legality, scope, evidentiary use and manner of a medical examination in an individual case depend on compliance with Section 52, the definitions applicable through Section 51, other provisions of the BNSS, medical standards, constitutional safeguards and binding judicial decisions.