Section 51 : Examination of accused by medical practitioner at request of police officer
Section 51 provides for the legal procedure for conducting medical examination on persons suspected of committing crimes at the behest of law enforcement agencies.
A registered medical practitioner is authorized to carry out a medical examination if he has reasonable grounds to believe that such an examination may lead to evidence of an offence. This section applies to a person arrested for an offence, where the circumstances are such that an examination may be necessary.
The medical examination should be conducted by a registered medical practitioner at the request of any police officer. This is a much wider discretion than under previous legislation, which limited such discretion to officers of above the rank of sub-inspector.
In cases of female accused, the examination shall be conducted by a female registered medical practitioner or under her supervision, while strictly adhering to legal and ethical requirements.
The medical practitioner should submit the examination report to the investigating officer in time. Presenting the report promptly is crucial in maintaining the authenticity of the process of investigation.
The word "test" covers a broad spectrum of tests, such as blood tests, semen analysis, swabs in sexual offense cases, sputum, sweat, hair samples, and even fingernail clippings. These tests may use highly scientific techniques like DNA profiling.
To be a registered medical practitioner under this section, an individual must have a medical qualification recognized under the National Medical Commission Act, 2019 and also be registered with either the National Medical Register or a State Medical Register.
Important Points
- Any police officer can demand a medical examination, making the evidence collection process more efficient and less time-consuming for criminal investigations.
- The law requires that female accused individuals be examined by female practitioners. This shows a commitment to privacy and sensitivity within the legal process.
- The use of contemporary scientific methods in medical examination is a trend towards more reliable and accurate methods of evidence collection.
