Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 51: Examination of Person Arrested
Code:
(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 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 person arrested as is reasonably 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.
(3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
Explanation.—In this section and sections 52 and 53,—
(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 practitioner thinks necessary in a particular case;
(b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.
Explanation:
This code outlines the legal framework for examining a person arrested on suspicion of committing a crime, if such examination is deemed necessary to obtain evidence. It specifically emphasizes the following:
- Reasonable Grounds: The examination is lawful only when there are reasonable grounds to believe that examining the person will reveal evidence of the crime. This is a crucial safeguard against arbitrary searches and ensures a strong justification is required.
- Medical Professional: The examination must be conducted by a registered medical practitioner, ensuring medical expertise and ethical conduct during the process.
- Force: The use of force during the examination is permissible only when it is reasonably necessary to obtain evidence. This limitation prevents excessive force and upholds the principle of proportionality.
- Female Examination: A female person must be examined only by a female medical practitioner or under her supervision, ensuring privacy and respect for women.
- Examination Report: The medical practitioner is required to promptly submit a detailed report of the examination to the investigating officer. This ensures transparency and proper documentation of the findings.
- Scope of Examination: The “examination” includes various scientific tests such as blood analysis, DNA profiling, and examination of bodily fluids, ensuring the use of modern techniques for evidence collection.
Illustration:
Imagine a person is arrested for assault. The police suspect the person may have used a weapon that left traces of blood or other bodily fluids. Based on these grounds, a registered medical practitioner could conduct an examination of the suspect’s hands, clothing, and potentially other areas, using techniques like DNA profiling to gather evidence. This examination would be lawful under Section 51, given the reasonable grounds for suspicion and the involvement of a medical professional.
Common Questions and Answers:
Q: What constitutes “reasonable grounds” for a medical examination?
A: The grounds must be specific and based on credible information suggesting that the examination will provide evidence relevant to the crime.
Q: Can a person refuse a medical examination?
A: While a person has the right to refuse, their refusal can be used as evidence against them in court. It’s advisable to consult with a legal representative for guidance in such situations.
Q: What happens if force is used during the examination?
A: The force must be proportionate to the situation and only used to obtain evidence. Excessive force can constitute a violation of the person’s rights and could lead to legal consequences for the officers involved.
Q: What are the rights of a person undergoing an examination under this code?
A: They have the right to be informed of the reasons for the examination, to be treated with dignity and respect, and to have a legal representative present. They also have the right to refuse the examination but should be aware of the potential consequences.
