CrPC 53A→BNSS 52

CrPC 53A to BNSS 52: Examination of person accused of rape by medical practitioner

Section 53A CrPC (1973) replaced by Section 52 BNSS (2023)

View CrPC Section 53A →View BNSS Section 52 →

CrPC 53A to BNSS 52 at a Glance

Section 53A CrPC (Examination of person accused of rape by medical practitioner) is now Section 52 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 53A to BNSS 52?

Section 53A of the Code of Criminal Procedure, 1973 became Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 52(1) BNSS reads acting at the request of any police officer where Section 53A(1) CrPC read acting at the request of a police officer not below the rank of a sub-inspector. Section 52(2) BNSS and Section 52(5) BNSS read without any delay where Section 53A CrPC read without delay. Section 52(5) BNSS refers to Section 193(6)(a) BNSS where Section 53A(5) CrPC referred to Section 173(5)(a) CrPC, which is found in that provision of the Sanhita. The rest of the text is the same.

CrPC 53A vs BNSS 52: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section53A52
HeadingExamination of person accused of rape by medical practitionerSame
Sub-sections5 sub-sectionsSame
Cross-referencess.173s.193

CrPC 53A and BNSS 52: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 53A, CrPC 1973

53A. Examination of person accused of rape by medical practitioner.—(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 a police officer not below the rank of a sub-inspector, 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 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 delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.
BNSS 2023 (in force)

Section 52, BNSS 2023

52. Examination of person accused of rape by medical practitioner.—(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.

When It Applies: CrPC 53A vs BNSS 52

Under CrPC 53A
  1. Section 53A(1) of the Code of Criminal Procedure, 1973 speaks of a person arrested on a charge of committing an offence of rape or an attempt to commit rape, where there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence.
  2. Under Section 53A(1) CrPC, the examination may be made by 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 a police officer not below the rank of a sub-inspector.
  3. Under Section 53A(1) CrPC, it shall be lawful for the registered medical practitioner, and 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 of the arrested person and to use such force as is reasonably necessary for that purpose.
  4. Under Section 53A(2) CrPC, the report gives the name and address of the accused and of the person by whom the accused 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. Under Section 53A(3) CrPC and Section 53A(4) CrPC, the report shall state precisely the reasons for each conclusion arrived at, and the exact time of commencement and completion of the examination shall also be noted in the report.
  5. Under Section 53A(5) CrPC, the investigating officer shall forward the report to the Magistrate referred to in section 173 as part of the documents referred to in Section 173(5)(a) CrPC.
Under BNSS 52
  1. Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence of rape or an attempt to commit rape, where there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence.
  2. Under Section 52(1) BNSS, the examination may be made by 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.
  3. Under Section 52(1) BNSS, it shall be lawful for the registered medical practitioner, and 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 of the arrested person and to use such force as is reasonably necessary for that purpose.
  4. Under Section 52(2) BNSS, the report gives the name and address of the accused and of the person by whom the accused 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. Under Section 52(3) BNSS and Section 52(4) BNSS, the report shall state precisely the reasons for each conclusion arrived at, and the exact time of commencement and completion of the examination shall also be noted in the report.
  5. Under Section 52(5) BNSS, the investigating officer shall forward the report to the Magistrate referred to in section 193 as part of the documents referred to in Section 193(6)(a) BNSS.

Time Limits: CrPC 53A to BNSS 52

Under CrPC 53A
  • Under Section 53A(2) of the Code of Criminal Procedure, 1973, the registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of the examination.Act text: “The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination”
  • Under Section 53A(5) CrPC, the registered medical practitioner shall, without delay, forward the report to the investigating officer.Act text: “The registered medical practitioner shall, without delay, forward the report to the investigating officer”
Under BNSS 52
  • Under Section 52(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of the examination.Act text: “The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination”
  • Under Section 52(5) BNSS, the registered medical practitioner shall, without any delay, forward the report to the investigating officer.Act text: “The registered medical practitioner shall, without any delay, forward the report to the investigating officer”

What CrPC 53A to BNSS 52 Means in Practice

From 1 July 2024, the examination of a person accused of rape by a medical practitioner is found in Section 52 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 53A of the Code of Criminal Procedure, 1973. The registered medical practitioner may act at the request of any police officer, where Section 53A(1) CrPC spoke of a police officer not below the rank of a sub-inspector. The registered medical practitioner shall, without any delay, examine such person, prepare a report, and forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193.

FAQs: CrPC 53A to BNSS 52

Did the rank of the police officer at whose request the examination is made change from Section 53A CrPC to Section 52 BNSS?▼

Yes. Section 53A(1) of the Code of Criminal Procedure, 1973 read acting at the request of a police officer not below the rank of a sub-inspector. Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads acting at the request of any police officer. Section 53A(1) CrPC to Section 53A(5) CrPC map to Section 52(1) BNSS to Section 52(5) BNSS.

Did the rules on which medical practitioner may examine the accused change in Section 52 BNSS?▼

No. Under Section 53A(1) of the Code of Criminal Procedure, 1973 and Section 52(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the examination may be made by 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.

Did the particulars required in the medical examination report change from Section 53A CrPC to Section 52 BNSS?▼

No. Section 52(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the same particulars as Section 53A(2) of the Code of Criminal Procedure, 1973: the name and address of the accused and of the person by whom the accused 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. Section 52(3) BNSS and Section 52(4) BNSS have the same text as Section 53A(3) CrPC and Section 53A(4) 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 ·