Bharatiya Nagarik Suraksha Sanhita, 2023
Section 53
Examination of arrested person by medical officer
(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 not available, by a registered medical practitioner soon after the arrest is made:
Why this exists
This provision grew out of long-standing concerns about custodial violence and torture in Indian police stations. The Supreme Court's landmark guidelines in D.K. Basu v. State of West Bengal (1997) required medical examination of arrested persons as a safeguard against abuse, and these were later written into the Code of Criminal Procedure through amendments. BNSS 2023 carries forward and consolidates this protection, making prompt, documented medical examination a legal right of every arrested person rather than a discretionary courtesy.
How courts read it
The Supreme Court's D.K. Basu judgment is the foundation of this rule: it held that medical examination at the time of arrest and periodically during detention is essential to detect and deter custodial torture, and directed that such records be maintained and made available to the arrested person's lawyer or family. Later cases and the 2009 CrPC amendments (introducing Section 54 in its updated form) reinforced that this examination is mandatory, not optional, and that any unexplained injury found later can be used as evidence against the police. BNSS 2023 restates this settled position in Section 53.
Common misconceptions
- Myth: Medical examination after arrest only happens if the arrested person asks for it.
Fact: Under this provision it is mandatory and automatic — the police and medical officer must ensure it happens 'soon after the arrest,' regardless of whether the arrested person requests it. - Myth: Any doctor can examine a female arrestee.
Fact: The law specifically requires that a female arrestee be examined only by or under the supervision of a female medical officer or registered female practitioner.