53.
Examination of accused by medical practitioner at the request
of police officer.- (1) When a person is arrested
on a charge of committing an offence of such a nature and
alleged to have been committed under such circumstances that
there are reasonable grounds for believing that an examination
of his person will afford evidence as to the commission of
an offence, it shall be lawful for a registered medical practitioner,
acting at the request of a police officer not below the rank
of sub-inspector, and for any person acting in good faith
in his aid and under his direction, to make such an examination
of the person arrested as is reasonable necessary in order
to ascertain the facts which may afford such evidence, and
to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under
this section, the examination shall be made only by, or under
the supervision of, a female registered medical practitioner.
*[Explanation.-
In this section and in sections 53A and 54,--
(a) "examination" shall include
the examination of blood, blood stains, semen, swabs in case
of sexual offences, sputum and sweat, hair samples and finger
nail clippings by the use of modern and scientific techniques
including DNA profiling and such other tests which the registered
medical practioner thinks necessary in a particular case;
(b) "registered medical practitioner"
means a medical practitioner who possess any medical qualification
as defined in clause (h) of section 2 of the Indian Medical
Council Act, 1956(102 of 1956) and whose name has been entered
in a State Medical Register.]
[*Substituted by The Code of Criminal Procedure (Amendment)
Act, 2005.]
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