Examination of Accused by Medical Practitioner at Request of Police under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Provision enabling police to request medical examination of an accused to obtain scientific evidence.

Introduction

Modern criminal investigations increasingly rely on scientific and medical evidence to establish the facts of a case. Physical traces found on the body of an accused, such as injuries, bodily fluids, or other forensic evidence, may play a crucial role in proving the commission of an offence.

Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police authorities to request a medical practitioner to examine an accused person when such examination is necessary for the purposes of investigation. This provision corresponds to Section 53A of the Code of Criminal Procedure, 1973.

The provision primarily deals with medical examination of persons accused of specific offences, particularly sexual offences, where medical and forensic evidence is important.

Objective of the Provision

The main objectives of Section 47 are:

• To collect medical and forensic evidence necessary for criminal investigation.
• To assist in establishing the involvement of the accused in the offence.
• To support scientific investigation in criminal cases.
• To ensure lawful medical procedures during investigation.

Circumstances Where Examination May Be Conducted

Medical examination under Section 47 may be conducted when:

• A person has been accused of committing a serious offence such as rape or sexual assault.
• The accused has been lawfully arrested.
• The police officer believes that medical examination may provide evidence related to the offence.

The examination must be reasonably necessary for the investigation.

Person Authorized to Conduct the Examination

The examination must be conducted by a registered medical practitioner employed in a government hospital or by any other registered medical practitioner acting at the request of the police.

If a government medical practitioner is not available within a reasonable distance, another registered medical practitioner may perform the examination.

Scope of Medical Examination

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

• Examination of injuries on the body of the accused
• Collection of blood samples
• Collection of semen or other bodily fluids
• DNA profiling
• Examination of hair samples
• Any other scientific test necessary for investigation

These procedures help investigators gather evidence linking the accused to the alleged offence.

Use of Reasonable Force

If the accused resists the medical examination, the law allows the use of reasonable force to carry out the procedure.

However, such force must be proportionate and strictly limited to what is necessary for conducting the examination.

Medical Examination Report

After conducting the examination, the medical practitioner must prepare a detailed report containing:

• The name and address of the accused
• The age of the accused
• Marks of injury found on the body
• Description of material collected for forensic examination
• Other relevant medical observations
• The date and time of the examination

The report must be signed by the medical practitioner and forwarded to the investigating officer.

Importance of Forensic Evidence

Medical and forensic evidence collected during examination can be crucial in criminal trials. Such evidence may:

• Confirm or contradict the allegations made in the case.
• Establish physical contact between the accused and the victim.
• Provide scientific support for prosecution or defence arguments.

Courts often rely on such evidence to determine the truth in criminal proceedings.

Connection with Other BNSS Provisions

Section 47 operates within the larger 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 46 – Medical examination of accused
• Section 48 – Examination of arrested person at the request of the accused

Together, these provisions regulate the role of medical examination and forensic evidence in criminal investigations.

Illustrative Example

If a person is arrested for rape, the investigating officer may request a registered medical practitioner to conduct a medical examination of the accused.

The examination may include collection of DNA samples, bodily fluids, and documentation of injuries that may help establish the accused’s involvement in the offence.

Important Points for Examination

• Section 47 BNSS corresponds to Section 53A CrPC.
• Medical examination may be conducted at the request of the police.
• The examination must be performed by a registered medical practitioner.
• Reasonable force may be used if the accused resists the examination.
• A detailed medical report must be prepared and forwarded to the investigating officer.

Conclusion

Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023 enables police authorities to obtain medical and forensic evidence by requesting examination of the accused by a medical practitioner. This provision plays a crucial role in strengthening scientific investigation and ensuring that reliable medical evidence is available for criminal trials. By regulating the procedure and requiring proper documentation, the law promotes fairness and accuracy in criminal justice.