Section 53 BNSS 2023: Examination of Arrested Person by Medical Officer
Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires an arrested person to be medically examined soon after arrest. The examination is ordinarily to be conducted by a medical officer serving the Central Government or a State Government and, if such an officer is unavailable, by a registered medical practitioner. The provision also requires documentation of injuries or marks of violence and supply of the examination report to the arrested person or a nominated person.
What is Section 53 BNSS?
Section 53 creates a general medical-examination requirement following arrest. Its purpose is to ensure that the physical condition of the arrested person is medically recorded soon after arrest, including injuries or marks of violence and the approximate time when they may have been inflicted.
Key legal terms under Section 53
Medical officer: For Section 53(1), the primary examiner is a medical officer in the service of the Central Government or a State Government.
Registered medical practitioner: The Explanation to Section 51 BNSS, which expressly applies to Sections 51, 52 and 53, defines this as a medical practitioner possessing 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: Under the Explanation to Section 51, applicable to Section 53, examination includes specified bodily samples and modern and scientific techniques, including DNA profiling, together with other tests considered necessary by the registered medical practitioner in a particular case.
Marks of violence: Physical signs on the arrested person that may indicate force, impact or other bodily violence and which must be recorded during examination if present.
Person nominated: A person designated by the arrested person to receive a copy of the medical examination report under Section 53(3).
Text of Section 53 - Examination of arrested person by medical officer
53. (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.
When must the examination take place?
Section 53(1) requires the examination to take place soon after the arrest is made. Unlike Section 51 BNSS, which depends on reasonable grounds for believing that an examination will afford evidence relating to an offence, Section 53 begins with the fact of arrest itself.
Who should conduct the examination?
The first statutory preference is a medical officer serving the Central Government or a State Government. If such a medical officer is not available, the examination may be conducted by a registered medical practitioner.
Can there be another medical examination?
Yes. The first proviso to Section 53(1) allows one more examination where the medical officer or registered medical practitioner considers it necessary. The statutory trigger is the medical opinion of the examiner.
Safeguard for examination of a female
Where the arrested person is a female, examination of the body must be made only by or under the supervision of a female medical officer. If a female medical officer is unavailable, the examination must be conducted by a female registered medical practitioner.
Recording injuries and marks of violence
Section 53(2) requires the examiner to prepare a record of the examination. The record must mention any injuries or marks of violence found on the arrested person and the approximate time when those injuries or marks may have been inflicted.
Right to receive a copy of the medical report
Section 53(3) requires a copy of the examination report to be furnished to the arrested person or to a person nominated by the arrested person. The duty is placed on the medical officer or registered medical practitioner who conducted the examination.
Relationship with Sections 51, 52 and 56 BNSS
Section 51 BNSS deals with medical examination of an accused at police request where the examination may afford evidence. Section 52 BNSS contains the specific procedure for examination of a person accused of rape or attempted rape. Section 53 separately requires medical examination of an arrested person soon after arrest. Section 56 BNSS further deals with the health and safety of an arrested person.
Section 53 BNSS at a glance
- Medical examination is required when a person is arrested.
- The examination should take place soon after arrest.
- A Central or State Government medical officer is the primary examiner.
- If such a medical officer is unavailable, a registered medical practitioner may examine the arrested person.
- One more examination may be conducted if the examiner considers it necessary.
- A female must be examined only by or under the supervision of a female medical officer, or by a female registered medical practitioner if a female medical officer is unavailable.
- The examiner must record injuries or marks of violence and their approximate time of infliction.
- A copy of the report must be furnished to the arrested person or the person nominated by that person.
Official legal resources
This page provides general legal information. The manner and scope of examination in an individual case depend on Section 53, the definitions applicable through Section 51, medical standards, constitutional safeguards, other applicable law and binding judicial decisions.