Section 51 BNSS: Examination of accused by medical practitioner at request of police officer
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 51 BNSS at a Glance
Section 51 BNSS deals with examination of accused by medical practitioner at request of police officer. It replaced Section 53 CrPC on 1 July 2024.
Section 51 BNSS Bare Act Text
(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,โ
(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.
Source: Section 51, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 51 BNSS in Simple Words
Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the examination of an accused by a medical practitioner at request of police officer. It applies when a person is arrested on a charge of an offence. The nature and circumstances of the alleged offence must give reasonable grounds for believing that examining the arrested person will afford evidence of the offence. In that case it is lawful for a registered medical practitioner to examine the arrested person, acting at the request of any police officer. The examination may go as far as is reasonably necessary to ascertain the facts that may afford such evidence.
It is also lawful for any person acting in good faith in aid of the practitioner, and under the practitioner's direction, to make the examination. The practitioner and that person may use such force as is reasonably necessary for that purpose. Under Section 51(2) BNSS, whenever the person of a female is to be examined, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Under Section 51(3) BNSS, the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer. The Explanation applies in Section 51 and in sections 52 and 53 of the Sanhita.
Under the first part of the Explanation, examination shall include the examination of blood and blood stains, semen, sweat, sputum, hair samples, finger nail clippings, and swabs in case of sexual offences. These samples are examined by the use of modern and scientific techniques, including DNA profiling. Examination shall also include such other tests as the registered medical practitioner thinks necessary in a particular case. Under the second part of the Explanation, a registered medical practitioner means a medical practitioner who has a medical qualification recognised under the National Medical Commission Act, 2019. The name of that medical practitioner must also have been entered in the National Medical Register or a State Medical Register under the National Medical Commission Act, 2019.
When Section 51 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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 Under Section 51 BNSS
- 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: โThe registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.โ
Example of Section 51 BNSS
When Section 51 BNSS Does Not Apply
- Section 51(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested on a charge of committing an offence. It does not deal with the examination of a person who has not been arrested.
- Section 51(1) BNSS speaks of a case where there are reasonable grounds for believing that an examination of the person arrested will afford evidence as to the commission of an offence. It does not deal with a case where there are no such reasonable grounds.
- Section 51 BNSS speaks of a registered medical practitioner, being a medical practitioner who possesses a 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. It does not deal with a medical practitioner who does not meet that description.
Section 51 BNSS in the CrPC (Previous Law)
Section 51 BNSS replaced Section 53 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 51 BNSS
At whose request may a registered medical practitioner examine a person arrested under Section 51 BNSS?โผ
Under Section 51(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a registered medical practitioner may act at the request of any police officer. The examination may be made 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.
Who qualifies as a registered medical practitioner under Section 51 BNSS, and can force be used during the examination?โผ
Under the Explanation to Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. Under Section 51(1) BNSS, the registered medical practitioner, and any person acting in good faith in his aid and under his direction, may use such force as is reasonably necessary for the purpose of the examination.
Who examines a female, and what is done with the examination report, under Section 51 BNSS?โผ
Under Section 51(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whenever the person of a female is to be examined, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Under Section 51(3) BNSS, the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
What changed from Section 53 CrPC to Section 51 BNSS from 1 July 2024?โผ
From 1 July 2024, Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 53 of the Code of Criminal Procedure, 1973. 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, under which the registered medical practitioner shall, without any delay, forward the examination report to the investigating officer, has no counterpart in Section 53 CrPC. The Explanation to Section 51 BNSS defines a registered medical practitioner by a qualification recognised under the National Medical Commission Act, 2019 and entry in the National Medical Register or a State Medical Register, where Section 53 CrPC referred to the Indian Medical Council Act, 1956 and a State Medical Register.
Section 51 BNSS: Sub-sections Explained
Section 51(1) BNSS: Examination of accused by medical practitioner at the request of police officer
โถ
Bare Act Text
(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.
Section 51(2) BNSS: Examination of accused by medical practitioner at the request of police officer
โถ
Bare Act Text
(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.
Previous Law
CrPC 53(2) โ Section 51(2) BNSS
Section 51(3) BNSS: Examination of accused by medical practitioner at request of police officer
โถ
Bare Act Text
(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,โ
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 27 Oct 2026 ยท