Medical examination of the accused to ascertains facts
When a person is arrested on the charge of an offence, the Police Officer not below the rank of a Sub Inspector or a person under his direction can ask a medical practitioner to make an examination of the person arrested as is reasonably necessary to ascertain the facts which may afford such evidence of commission of the offence.
If the accused is a female the examination must be done by a female medical practitioner.
What things must be examined?
The examination of the accused shall include that of blood, blood stains, semen, swabs in case of sexual offence, sputum, sweat, hair, finger nail clippings etc, by using modern medical technologies including DNA profiling, which the medial practitioner thinks necessary.
Examination in rape case
If an accused is arrested on charge of rape, the Police Officer can ask a registered medical practitioner in a government or local body hospital, or one serving within 16 KMs from the place of occurrence of crime to conduct necessary examination.
The report of such medical examination shall contain the following particulars, namely:
- the name and address of the accused and of the person by whom he was brought,
- the age of the accused,
- marks of injury, if any, on the person of the accused,
- the description of material taken from the person of the accused for DNA profiling, and.
- other material particulars in reasonable detail.
The report shall state precisely the reasons for each conclusion arrived at. The exact time of commencement and completion of the examination shall also be noted in the report.
The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate, under Section 173 (5) of CrPC.
Examination of an arrested person
When a person is arrested, he shall be examined by the medical officer in the service of central or state government. If the accused is a female the examination must be done by a female medical officer.
The Medical Officer shall prepare a record of such examination mentioning any injuries or marks of violence upon the person arrested, and the time of such injuries or marks. A copy of the report must be furnished to the arrested person.
The examination mentioned above includes examination of organs inside the body and NARCO analysis Test. DNA test is a predominant technique for identifying criminals when biological tissues are left at the scene of crime. Saliva, blood, skin, hair, semen, etc can help identify the criminal using DNA testing. DNA technology makes it possible to obtain conclusive results.
Court has wider powers to use DNA test for doing justice in criminal case. DNA profile is a record created on the basis of DNA sample.
No individual shall be forcibly subjected to any scientific technique such as Narco Analysis, Polygraph and brain mapping which are unwarranted intrusion into personal liberty.
Drawing of blood sample for detection of the offence of rape, wherein the investigating agency has to prove the case beyond reasonable doubt, cannot be termed as violative of Article 20 (3) of the Constitution.
Additional reading
- The Code of Criminal Procedure, 1973
- R V Kelkar: Criminal Procedure. Lucknow, Eastern Book Co, 2015
