Section 53A was inserted into the Code of Criminal Procedure in 2005 to make provision for the medical examination persons suspected to have committed rape or attempted rape. It came into effect on June 23, 2006.

Who Can Conduct the Examination

If it is proposed to get the person arrested medically examined, the examination should be conducted by a registered medical practitioner who is employed at a hospital or at a hospital which is run by a local authority.

However, if such a doctor is not available within sixteen kilometers of the place where the offence was allegedly committed, any other registered medical practitioner, possibly with the aid of another person acting under his direction and in good faith, may conduct the examination if he is requested to do so by a police officer. The police officer must not be below the rank of sub-inspector.

A registered medical practitioner is one whose name has been entered in the State Medical Register according to Section 53 of the Code.

Consent

A person who has been arrested because of being suspected to have committed rape or attempted rape may be required to undergo a medical examination if there are reasonable grounds to believe that such an examination will afford evidence regarding the commission of the offence.

The examination can be conducted even without the consent of the person who is to be examined. An examination which is conducted without such consent is lawful.

Such force as is reasonably necessary may be used to conduct the examination.

The Examination

The examination can be carried out when the offence is being investigated. It may include the examination of blood, blood stains, swabs, sputum, sweat, etc., by the use of modern and scientific techniques including DNA profiling and any other tests which the doctor may think are necessary.

When a person is sent to a registered medical practitioner to be examined in these circumstances, the doctor is required to conduct the examination without delay and once he has completed it, he must prepare a report of his findings.

The Report

The report must state exactly when the examination began and ended. In addition to this, it must clearly identify the accused, describe the material taken from the person of the accused for DNA profiling, list marks or injuries on the person of the accused, and mention other material particulars in reasonable detail. The doctor must give reasons for each his conclusions.

After the report has been written, the doctor is required to forward it to the Investigation Officer involved in the case. The IO then forwards it to the Magistrate empowered to take cognizance of the offence on a police report.

The report of the doctor’s examination is considered to be one of the documents on which the prosecution hopes to rely on at trial.