Section 53 BNSS: Examination of arrested person by medical officer (Formerly Section 54 CrPC)

Section 53 of Bharatiya Nagarik Suraksha Sanhita, 2023: Examination of arrested person by medical officer

Official Bare Act Text

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

(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.

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

Charge Sec 2(1)(b) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 53

Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the statutory right of every arrested person to be medically examined by a medical officer immediately after arrest.

Core Legal Standard: Section 53 mandates that when any person is arrested, they shall be examined by a medical officer in the service of the Central Government or State Government, or by a registered medical practitioner, immediately after arrest.
Sub-Section (2) Provision: Sub-section (2) obligates the medical practitioner to record a complete description of any injuries, marks of violence, and the approximate time when such injuries were inflicted.
Operational Mechanism: A copy of the medical report must be furnished to the arrested person or their nominated representative.

This examination must be repeated every forty-eight hours throughout the period of police custody.

Key Landmark Precedents:

D.K. Basu v. State of West Bengal (1997) 1 SCC 416: The Supreme Court held that regular medical checkups every 48 hours are an indispensable safeguard against custodial torture, creating contemporaneous official records of any physical abuse.
Sheela Barse v. State of Maharashtra (1983) 2 SCC 96: Affirmed that the right of an arrested person to be medically examined is an essential attribute of the fundamental right to life and bodily integrity under Article 21.

Legal Commentary:

Section 53 is the primary evidentiary mechanism for detecting and proving custodial torture. Defense counsel should insist on producing the Section 53 injury report before the remand Magistrate at the very first production to establish any physical violence suffered in police custody.