Section 53A. Examination of person accused of rape, etc. by medical practitioner
(1) When a person is arrested on a charge of committing an offence of rape, unnatural offence or sexual abuse or an attempt to commit rape, unnatural offence or sexual abuse under section 376,section 377 and section 377B respectively and there are reasonable grounds for believing that an examination of the arrested 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 to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. [1]
- (2) The registered medical practitioner conducting examination under sub-section (1) shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:__
- (a) name and address of the accused and of the person by whom he was brought;
- (b) age of the accused;
- (c) marks of injury, if any, on person of the accused;
- (d) description of material taken from person of the accused for DNA profiling; and
- (e) other material particulars in reasonable detail.
- (3) The report under sub-section (2) shall state precisely the reasons for each conclusion arrived at.
- (4) The exact time of commencement and completion of the examination under sub-section (1) shall also be noted in the report under sub-section (2). The registered medical practitioner shall, without delay, forward the report to the investigating officer who shall forward it to the Magistrate through public prosecutor reffered to in section 173 as part of the report referred to in that section.] B.—Arrest without Warrant