CrPC Section 54: Medical Examination of Arrested Person at Their Request
1. Code
Section 54 of the Code of Criminal Procedure, 1973 (CrPC) deals with the medical examination of an arrested person at their request.
2. Explanation
This section provides a right to an arrested person to undergo a medical examination if they believe they have sustained any injuries during the arrest or in custody. The purpose of this provision is to ensure that:
- The arrested person’s physical well-being is protected.
- Evidence of any injuries sustained during arrest or custody is documented.
- The arrested person can present evidence of any unlawful treatment or torture in court.
Under this section, the arrested person can request a medical examination by a registered medical practitioner. The request should be made in writing and addressed to the officer in charge of the police station where they are detained.
3. Illustration
Imagine a person named Ram is arrested by the police. During the arrest, Ram alleges that he was assaulted by the police officers. Ram requests a medical examination to document his injuries. The police officer in charge is obliged to facilitate the medical examination as per Section 54 of CrPC.
4. Common Questions and Answers
Q: Can the police refuse a medical examination requested by an arrested person?
A: No, the police cannot refuse a medical examination requested by an arrested person under Section 54.
Q: Who conducts the medical examination?
A: The medical examination should be conducted by a registered medical practitioner.
Q: What happens to the medical report?
A: The medical report is a crucial piece of evidence that can be used in court proceedings. It should be kept with the case records.
Q: What if the arrested person does not request a medical examination but has injuries?
A: The police have a duty to ensure that any injuries are documented and reported. If the arrested person is unable to request a medical examination themselves, the police officer in charge should ensure the examination is conducted.
