Section 51 BNSS: Examination of accused by medical practitioner at request of police officer (Formerly Section 53 CrPC)

Section 51 of Bharatiya Nagarik Suraksha Sanhita, 2023: Examination of accused by medical practitioner at request of police officer

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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,—

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 51

Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the medical examination of an accused person by a registered medical practitioner at the request of a police officer.

Evidentiary Proof & Admissibility: Section 51 authorizes the medical examination of an arrested person by a registered medical practitioner at the request of a police officer not below the rank of Sub-Inspector, when there are reasonable grounds for believing that an examination of their person will afford evidence as to the commission of an offence.
Core Legal Standard: The examination may include the extraction of bodily substances, blood, semen, swabs, sputum, hair samples, and fingernail clippings using modern scientific techniques, including DNA profiling.

When the examination of a woman is to be conducted, it must be performed strictly by, or under the supervision of, a female registered medical practitioner.

Key Landmark Precedents:

Selvi v. State of Karnataka (2010) 7 SCC 263: The Supreme Court held that while physical, bodily, and biological sample extraction under statutory medical examination does not violate Article 20(3), involuntary psychiatric or neurological probes (narco-analysis, polygraph, brain-mapping) violate the privilege against self-incrimination.
State of Bombay v. Kathi Kalu Oghad (AIR 1961 SC 1808): Affirmed that taking biological specimens, impressions, or handwriting samples does not amount to 'being a witness against oneself' under Article 20(3).

Legal Commentary:

Section 51 forms the statutory backbone of modern forensic criminal investigation. The extraction of biological specimens must strictly comply with established medical protocols to ensure sample integrity and prevent chain-of-custody contamination.