*[53A.
Examination of person accused of rape by medical practitioner.-
(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 kilometers from the place where the offence has
been committed by any other registered medical practitioner,
acting at the request of a police officer not below the rank
of a sub-inspector, 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 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 delay, forward the report of the investigating
officer, who shall forward it to the Magistrate referred to
in section 173 as part of the documents referred to in clause
(a) of sub-section (5) of that section.]
*[Inserted vide The Code of Criminal Procedure (Amendment)
Act, 2005.]
|