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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter V: Arrest Of Persons

Section 52 BNSS: Examination of person accused of rape by medical practitioner

Corresponding CrPC
Section 53A CrPC

Bare Act text

(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 kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, 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 any 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 any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Provides for the examination of a person arrested on a charge of rape or attempted rape by a registered medical practitioner at a police officer's request, where there are reasonable grounds that the examination will give evidence. It specifies who may conduct the examination, including a Government hospital practitioner, or another practitioner where none is available within sixteen kilometres.

Chapter V: Arrest Of Persons

  1. 35 When police may arrest without warrant
  2. 36 Procedure of arrest and duties of officer making arrest
  3. 37 Designated police officer
  4. 38 Right of arrested person to meet an advocate of his choice during interrogation
  5. 39 Arrest on refusal to give name and residence
  6. 40 Arrest by private person and procedure on such arrest
  7. 41 Arrest by Magistrate
  8. 42 Protection of members of Armed Forces from arrest
  9. 43 Arrest how made
  10. 44 Search of place entered by person sought to be arrested
  11. 45 Pursuit of offenders into other jurisdictions
  12. 46 No unnecessary restraint
  13. 47 Person arrested to be informed of grounds of arrest and of right to bail
  14. 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
  15. 49 Search of arrested person
  16. 50 Power to seize offensive weapons
  17. 51 Examination of accused by medical practitioner at request of police officer
  18. 52 Examination of person accused of rape by medical practitioner
  19. 53 Examination of arrested person by medical officer
  20. 54 Identification of person arrested
  21. 55 Procedure when police officer deputes subordinate to arrest without warrant
  22. 56 Health and safety of arrested person
  23. 57 Person arrested to be taken before Magistrate or officer in charge of police station
  24. 58 Person arrested not to be detained more than twenty-four hours
  25. 59 Police to report apprehensions
  26. 60 Discharge of person apprehended
  27. 61 Power, on escape, to pursue and retake
  28. 62 Arrest to be made strictly according to Sanhita