Section 53A CrPC: Examination of person accused of rape by medical practitioner
Code of Criminal Procedure, 1973
Section 53A CrPC at a Glance
Section 53A CrPC deals with examination of person accused of rape by medical practitioner. From 1 July 2024 it is replaced by Section 52 BNSS.
What Section 53A CrPC Says
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.
Source: Section 53A, Code of Criminal Procedure, 1973
Section 53A CrPC in Simple Words
Section 53A of the Code of Criminal Procedure, 1973 deals with the examination of a person accused of rape by a medical practitioner. It applies when a person is arrested on a charge of rape or an attempt to commit rape. There must be reasonable grounds for believing that examining the arrested person will afford evidence of that offence. In that case a registered medical practitioner employed in a hospital run by the Government or by a local authority may make the examination. If there is no such practitioner within the radius of sixteen kilometres from the place where the offence has been committed, any other registered medical practitioner may make it. The practitioner acts at the request of a police officer not below the rank of a sub-inspector.
Any person acting in good faith in aid of the practitioner, and under the practitioner's direction, may also make the examination. The practitioner and that person may use such force as is reasonably necessary for that purpose. Under Section 53A(2) CrPC, the practitioner conducting the examination shall, without delay, examine the person and prepare a report of the examination. The report shall give the name and address of the accused and of the person by whom the accused was brought. It shall also give the age of the accused and marks of injury, if any, on the person of the accused. It shall also give 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, the report shall state precisely the reasons for each conclusion arrived at. Under Section 53A(4) CrPC, the exact time of commencement and completion of the examination shall also be noted in the report. Under Section 53A(5) CrPC, the practitioner shall, without delay, forward the report to the investigating officer. The investigating officer shall forward it to the Magistrate referred to in section 173 of the Code, as part of the documents referred to in section 173(5)(a) of the Code.
When Section 53A CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 53A CrPC
- 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”
Example of Section 53A CrPC
When Section 53A CrPC Does Not Apply
- 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. It does not deal with a person arrested on a charge of any other offence.
- Section 53A(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 such offence. It does not deal with a case where there are no such reasonable grounds.
- Section 53A(1) CrPC speaks of a registered medical practitioner acting at the request of a police officer not below the rank of a sub-inspector. It does not deal with a request made by a police officer below the rank of a sub-inspector.
- Section 53A(1) CrPC speaks of any other registered medical practitioner only in the absence of a practitioner employed in a hospital run by the Government or by a local authority within the radius of sixteen kilometres from the place where the offence has been committed. It does not deal with any other registered medical practitioner making the examination where such a practitioner is present within that radius.
Section 53A CrPC Under BNSS 52: What Changed
Section 53A CrPC is now covered under Section 52 BNSS.
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.
View detailed comparison (CrPC 53A vs BNSS 52) →FAQs on Section 53A CrPC
Which registered medical practitioner may examine a person arrested for rape under Section 53A CrPC?▼
Under Section 53A(1) of the Code of Criminal Procedure, 1973, the examination may be made by a registered medical practitioner employed in a hospital run by the Government or by a local authority. In the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, it may be made by any other registered medical practitioner. In either case the practitioner acts at the request of a police officer not below the rank of a sub-inspector.
What particulars does the report under Section 53A CrPC give?▼
Under Section 53A(2) of the Code of Criminal Procedure, 1973, 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, the report shall state precisely the reasons for each conclusion arrived at. Under Section 53A(4) CrPC, the exact time of commencement and completion of the examination shall also be noted in the report.
Can force be used during a medical examination under Section 53A CrPC?▼
Yes. Under Section 53A(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 arrested person and to use such force as is reasonably necessary for that purpose.
Where is Section 53A 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 53A CrPC is found in Section 52 BNSS, which has the same heading. Section 53A(1) CrPC maps to Section 52(1) BNSS, Section 53A(2) CrPC to Section 52(2) BNSS, Section 53A(3) CrPC to Section 52(3) BNSS, Section 53A(4) CrPC to Section 52(4) BNSS, and Section 53A(5) CrPC to Section 52(5) BNSS.
Have questions about Section 53A 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 ·