Section 53 BNSS: Examination of arrested person by medical officer

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 53 BNSS at a Glance

Section 53 BNSS deals with examination of arrested person by medical officer. It replaced Section 54 CrPC on 1 July 2024.

Section 53 BNSS Bare Act Text

(1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:

Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so:

Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

Source: Section 53, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 53 BNSS in Simple Words

Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the examination of an arrested person by a medical officer. When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.

If the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so. Where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

The record of the examination mentions any injuries or marks of violence, and a copy of the report shall be furnished to the arrested person or the person nominated by the arrested person.

When Section 53 BNSS Applies

  • Under Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government.
  • Under Section 53(1) BNSS, in case the medical officer is not available, the arrested person shall be examined by a registered medical practitioner.
  • Under the first proviso to Section 53(1) BNSS, if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so.
  • Under the second proviso to Section 53(1) BNSS, where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.
  • Under Section 53(2) BNSS, the medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
  • Under Section 53(3) BNSS, where an examination is made under Section 53(1) BNSS, a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

Time Limits Under Section 53 BNSS

  • Under Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the arrested person shall be examined soon after the arrest is made.Act text: โ€œsoon after the arrest is madeโ€

Example of Section 53 BNSS

Arjun is arrested. Dr. Nair, a medical officer in the service of a State Government, examines Arjun soon after the arrest is made, under Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 53(2) BNSS, Dr. Nair shall prepare the record of the examination, mentioning any injuries or marks of violence upon Arjun and the approximate time when they may have been inflicted. Dr. Nair is of the opinion that one more examination of Arjun is necessary, and under the first proviso to Section 53(1) BNSS, Dr. Nair may do so. Under Section 53(3) BNSS, Dr. Nair shall furnish a copy of the report to Arjun or to Priya, the person nominated by Arjun.

When Section 53 BNSS Does Not Apply

  • Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person who is arrested. It does not deal with a person who has not been arrested.
  • Section 53(1) BNSS speaks of a registered medical practitioner in case the medical officer is not available. It does not deal with an examination by a registered medical practitioner where the medical officer is available.
  • The first proviso to Section 53(1) BNSS speaks of a case where the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary. It does not deal with a case where the medical officer or the registered medical practitioner is not of that opinion.
  • Section 53(3) BNSS speaks of furnishing a copy of the report to the arrested person or the person nominated by such arrested person. It does not deal with furnishing a copy to any other person.

Section 53 BNSS in the CrPC (Previous Law)

Section 53 BNSS replaced Section 54 CrPC from 1 July 2024.

Section 54 of the Code of Criminal Procedure, 1973 became Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 53(1) BNSS adds a first proviso, with no counterpart in Section 54 CrPC, under which if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so. The proviso on the examination of a female becomes the second proviso, with the same text. Section 53(1) BNSS reads the Central Government or a State Government where Section 54(1) CrPC read Central or State Government. Section 53(2) BNSS and Section 53(3) BNSS have the same text as Section 54(2) CrPC and Section 54(3) CrPC.

Each sub-section below names its own source.

FAQs on Section 53 BNSS

Who examines an arrested person under Section 53 BNSS?โ–ผ

Under Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made.

Can there be one more examination of the arrested person under Section 53 BNSS?โ–ผ

Yes. Under the first proviso to Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so.

How is an arrested female examined, and who receives a copy of the report, under Section 53 BNSS?โ–ผ

Under the second proviso to Section 53(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. Under Section 53(3) BNSS, a copy of the report shall be furnished to the arrested person or the person nominated by such arrested person.

What changed from Section 54 CrPC to Section 53 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 54 of the Code of Criminal Procedure, 1973. Section 53(1) BNSS adds a first proviso: if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so. Section 54 CrPC had no such proviso. The proviso on the examination of a female is the second proviso in Section 53(1) BNSS, with the same text. Section 53(1) BNSS reads the Central Government or a State Government where Section 54(1) CrPC read Central or State Government. Section 53(2) BNSS and Section 53(3) BNSS have the same text as Section 54(2) CrPC and Section 54(3) CrPC.

Section 53 BNSS: Sub-sections Explained

Section 53(1) BNSS: Examination of arrested person by medical officer

โ–ถ

Bare Act Text

(1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:

Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so:

Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.

Previous Law

CrPC 54 โ†’ Section 53(1) BNSS

Section 53(2) BNSS: Examination of arrested person by medical officer

โ–ถ

Bare Act Text

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.

Previous Law

CrPC 54(2) โ†’ Section 53(2) BNSS

Section 53(3) BNSS: Examination of arrested person by medical officer

โ–ถ

Bare Act Text

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

Previous Law

CrPC 54(3) โ†’ Section 53(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 22 Oct 2026 ยท