Section 53 CrPC: Examination of accused by medical practitioner at the request of police officer
Code of Criminal Procedure, 1973
Section 53 CrPC at a Glance
Section 53 CrPC deals with examination of accused by medical practitioner at the request of police officer. From 1 July 2024 it is replaced by Section 51 BNSS.
What Section 53 CrPC Says
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.
ExplanationIn 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.
Source: Section 53, Code of Criminal Procedure, 1973
Section 53 CrPC in Simple Words
Section 53 of the Code of Criminal Procedure, 1973 deals with the examination of an accused by a medical practitioner at the request of a 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 a police officer not below the rank of sub-inspector. 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 53(2) CrPC, 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. The Explanation applies in Section 53 and in sections 53A and 54 of the Code. 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 as defined in section 2(h) of the Indian Medical Council Act, 1956. The name of that medical practitioner must also have been entered in a State Medical Register.
When Section 53 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 53 CrPC
When Section 53 CrPC Does Not Apply
- Section 53(1) of the Code of Criminal Procedure, 1973 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 53(1) CrPC 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 53(1) CrPC speaks of a registered medical practitioner acting at the request of a police officer not below the rank of sub-inspector. It does not deal with a request made by a police officer below the rank of sub-inspector.
Section 53 CrPC Under BNSS 51: What Changed
Section 53 CrPC is now covered under Section 51 BNSS.
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.
View detailed comparison (CrPC 53 vs BNSS 51) →FAQs on Section 53 CrPC
At whose request may a registered medical practitioner examine a person arrested under Section 53 CrPC?▼
Under Section 53(1) of the Code of Criminal Procedure, 1973, a registered medical practitioner may act at the request of a police officer not below the rank of sub-inspector. 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.
Can force be used during a medical examination of an arrested person under Section 53 CrPC?▼
Yes. Under Section 53(1) of the Code of Criminal Procedure, 1973, it shall be lawful for the registered medical practitioner, 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.
What samples and tests are included in an examination under Section 53 CrPC, and how is a female examined?▼
Under the Explanation to Section 53 of the Code of Criminal Procedure, 1973, 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. Under Section 53(2) CrPC, 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.
Where is Section 53 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 53 CrPC is found in Section 51 BNSS. Section 53(1) CrPC maps to Section 51(1) BNSS, Section 53(2) CrPC maps to Section 51(2) BNSS, and the Explanation to Section 53 CrPC maps to the Explanation to Section 51 BNSS. Section 51(3) BNSS has no counterpart in Section 53 CrPC.
Have questions about Section 53 CrPC?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·