Medical Examination of Accused under Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Provision allowing medical examination of an arrested person when it is necessary for investigation.

Introduction

In certain criminal cases, the physical condition of the accused may provide important evidence relevant to the investigation. Injuries on the body of the accused, presence of bodily substances, or other medical conditions may help establish facts relating to the commission of an offence.

Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes the medical examination of an accused person when such examination is reasonably necessary for the purposes of investigation. This provision corresponds to Section 53 of the Code of Criminal Procedure, 1973.

The provision allows investigators to obtain medical evidence while ensuring safeguards for the dignity and rights of the accused.

Objective of the Provision

The key objectives of Section 46 are:

• To collect medical evidence relevant to the investigation of an offence.
• To scientifically examine the accused when physical evidence is required.
• To ensure lawful medical procedures during investigation.
• To support fair and effective criminal prosecution.

When Medical Examination May Be Conducted

A medical examination of the accused may be conducted when:

• The accused has been lawfully arrested, and
• There are reasonable grounds to believe that the examination will provide evidence related to the offence.

The examination must be necessary for the purpose of investigation.

For example, examination may be required to determine injuries, blood stains, bodily fluids, or other physical traces linked to the crime.

Person Authorized to Conduct the Examination

The medical examination must be conducted by a registered medical practitioner.

The examination may be carried out:

• At the request of a police officer not below the rank specified by law, or
• Under lawful authority during the investigation.

The medical practitioner may use reasonable force if necessary to carry out the examination.

Types of Medical Examination

The examination may include various medical procedures necessary to collect evidence, such as:

• Examination of injuries on the body
• Collection of blood samples
• Examination of bodily fluids
• DNA profiling
• Other scientific tests relevant to the investigation

These procedures help investigators establish facts and identify the involvement of the accused.

Examination of Female Accused

Section 46 provides an important safeguard regarding female accused persons.

If the accused is a woman, the medical examination must be conducted only by or under the supervision of a female registered medical practitioner.

This safeguard ensures respect for the dignity and privacy of women.

Importance of Medical Evidence

Medical examination often plays a crucial role in criminal investigations. It may help establish:

• The presence of injuries sustained during the offence.
• Whether the accused was involved in physical struggle.
• Scientific evidence linking the accused to the crime.

Such evidence may later be presented before the court during trial.

Connection with Other BNSS Provisions

Section 46 operates as part of the broader procedural framework governing arrest and investigation under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Important related provisions include:

• Section 44 – Search of arrested person
• Section 45 – Seizure of offensive weapons
• Section 47 – Medical examination of victim of rape
• Section 48 – Examination of arrested person by medical officer at the request of the arrested person

These provisions collectively regulate the role of medical examination in criminal investigations.

Illustrative Example

If a person is arrested for assault and the victim claims that the accused attacked them during a physical struggle, the police may request a medical examination of the accused to identify injuries such as scratches or bruises.

These injuries may support or contradict the allegations made in the case.

Important Points for Examination

• Section 46 BNSS corresponds to Section 53 CrPC.
• Medical examination of the accused is allowed when necessary for investigation.
• The examination must be conducted by a registered medical practitioner.
• Reasonable force may be used if required.
• Female accused must be examined only by or under the supervision of a female medical practitioner.

Conclusion

Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 authorizes the medical examination of an accused person when such examination is necessary for investigation. The provision ensures that scientific evidence can be obtained lawfully while safeguarding the dignity and rights of the accused. By allowing medical examination under proper supervision, the law strengthens the evidentiary framework of criminal investigations.