CrPC 53→BNSS 51

CrPC 53 to BNSS 51: Examination of accused by medical practitioner at the request of police officer

Section 53 CrPC (1973) replaced by Section 51 BNSS (2023)

View CrPC Section 53 →View BNSS Section 51 →

CrPC 53 to BNSS 51 at a Glance

Section 53 CrPC (Examination of accused by medical practitioner at the request of police officer) is now Section 51 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 53 to BNSS 51?

Section 53 of the Code of Criminal Procedure, 1973 became Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 51(1) BNSS reads at the request of any police officer where Section 53(1) CrPC read at the request of a police officer not below the rank of sub-inspector. Section 51(3) BNSS, on forwarding the examination report to the investigating officer without any delay, has no counterpart in Section 53 CrPC. The Explanation defines a registered medical practitioner by the National Medical Commission Act, 2019 and adds the National Medical Register, where Section 53 CrPC referred to the Indian Medical Council Act, 1956 and a State Medical Register. The grounds for the examination, the use of force, the examination of a female and the list of what examination shall include have the same text.

CrPC 53 vs BNSS 51: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section5351
HeadingExamination of accused by medical practitioner at the request of police officerExamination of accused by medical practitioner at request of police officer
Sub-sections2 sub-sections3 sub-sections
Cross-referencess.53A, s.54s.52, s.53

CrPC 53 and BNSS 51: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 53, CrPC 1973

53. Examination of accused by medical practitioner at the request of police officer.—(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 a police officer not below the rank of sub-inspector, 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. Explanation.—In this section and in sections 53A and 54,— (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 as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.
BNSS 2023 (in force)

Section 51, BNSS 2023

51. Examination of accused by medical practitioner at request of police officer.—(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.

When It Applies: CrPC 53 vs BNSS 51

Under CrPC 53
  1. Section 53(1) of the Code of Criminal Procedure, 1973 speaks of a person 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.
  2. Under Section 53(1) CrPC, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence.
  3. Under Section 53(1) CrPC, it shall also be lawful for any person acting in good faith in the aid of the registered medical practitioner and under the direction of the registered medical practitioner to make such an examination, and to use such force as is reasonably necessary for that purpose.
  4. Under Section 53(2) CrPC, whenever the person of a female is to be examined under Section 53 CrPC, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
  5. Under the Explanation to Section 53 CrPC, 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. A registered medical practitioner means a medical practitioner who possesses any medical qualification as defined in the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register.
Under BNSS 51
  1. Section 51(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person 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.
  2. Under Section 51(1) BNSS, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence.
  3. Under Section 51(1) BNSS, it shall also be lawful for any person acting in good faith in the aid of the registered medical practitioner and under the direction of the registered medical practitioner to make such an examination, and to use such force as is reasonably necessary for that purpose.
  4. Under Section 51(2) BNSS, whenever the person of a female is to be examined under Section 51 BNSS, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
  5. Under the Explanation to Section 51 BNSS, 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. A 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 the National Medical Commission Act, 2019.

Time Limits: CrPC 53 to BNSS 51

Under CrPC 53

Section 53 CrPC states no time limit.

Under BNSS 51
  • Under Section 51(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.Act text: “The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.”

What CrPC 53 to BNSS 51 Means in Practice

From 1 July 2024, the examination of an accused by a medical practitioner at request of police officer is found in Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 53 of the Code of Criminal Procedure, 1973. The registered medical practitioner may act at the request of any police officer, where Section 53(1) CrPC spoke of a police officer not below the rank of sub-inspector. The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer under Section 51(3) BNSS.

FAQs: CrPC 53 to BNSS 51

Did the rank of the police officer at whose request the examination is made change from Section 53 CrPC to Section 51 BNSS?▼

Yes. Section 53(1) of the Code of Criminal Procedure, 1973 read acting at the request of a police officer not below the rank of sub-inspector. Section 51(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads acting at the request of any police officer. Section 53(1) CrPC maps to Section 51(1) BNSS, Section 53(2) CrPC maps to Section 51(2) BNSS, and the Explanation maps to the Explanation.

Does Section 51 BNSS add a rule on forwarding the medical examination report that was not in Section 53 CrPC?▼

Yes. Section 51(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has no counterpart in Section 53 of the Code of Criminal Procedure, 1973. Under Section 51(3) BNSS, the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.

Did the meaning of registered medical practitioner change from Section 53 CrPC to Section 51 BNSS?▼

Yes. Under Section 53 of the Code of Criminal Procedure, 1973, a registered medical practitioner meant a medical practitioner who possesses any medical qualification as defined in the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register. Under Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023, it 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 the National Medical Commission Act, 2019. Section 51(2) BNSS on the examination of a female has the same text as Section 53(2) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·