CrPC Section 53

CrPC Section 53 mandates the medical examination of any person arrested or detained in custody. This provision ensures that the physical condition of the accused is documented to protect their health and prevent torture or ill-treatment during custody. Understanding this section helps safeguard human rights and promotes transparency in the criminal justice process.

The section plays a crucial procedural role by requiring that a medical professional examine the arrested individual promptly. This examination serves as evidence of the person's condition at the time of arrest, which can be vital during trial or complaints of police misconduct. Citizens and legal professionals should be aware of this right to uphold dignity and lawful treatment.

CrPC Section 53 – Exact Provision

This section requires that a medical examination be conducted on arrested persons either on their request, on behalf of someone else, or by the police officer in charge. The examination must be done by a registered medical practitioner, and a written report must be prepared. This ensures the arrested person's health is assessed and documented, which helps prevent torture or mistreatment while in custody.

• Medical examination is mandatory upon request or by authority.

• Must be conducted by a registered medical practitioner.

• A written report of the examination is required.

• Protects arrested persons from ill-treatment or torture.

• Ensures documentation of physical condition during custody.

Explanation of CrPC Section 53

This section ensures that anyone arrested can have their health checked by a doctor. It protects the arrested person from harm and records their condition during custody.

• The section states arrested persons must be medically examined if requested.

• Affects arrested or detained individuals and police authorities.

• Triggers when a person is taken into custody.

• Allows medical examination by a registered doctor.

• Prohibits denial of medical examination and requires a written report.

Purpose and Rationale of CrPC Section 53

The purpose of Section 53 is to protect the health and rights of arrested individuals. It ensures that any injuries or health issues are documented early, preventing abuse and promoting humane treatment during detention.

• Protects the physical and mental well-being of arrested persons.

• Ensures proper procedure by involving medical professionals.

• Balances police powers with individual rights.

• Prevents torture, custodial violence, and illegal treatment.

When CrPC Section 53 Applies

This section applies whenever a person is arrested or detained in custody. It is relevant from the moment of arrest and throughout detention, especially if requested by the accused or their representative.

• Applies upon arrest or detention of a person.

• Police officer in charge or the arrested person can request examination.

• Registered medical practitioners conduct the examination.

• No strict time limit but should be done promptly.

• Applies to all police stations and detention centers.

Cognizance under CrPC Section 53

Cognizance here means recognizing the need for medical examination when a person is arrested. The police officer in charge must ensure the examination is conducted if requested. The medical report becomes part of the custody record and can be used in court if necessary.

• Police officer must acknowledge and act on requests for examination.

• Registered medical practitioner conducts the examination.

• Written medical report is submitted to police and kept on record.

Bailability under CrPC Section 53

Section 53 itself does not deal with bail but relates to the rights of arrested persons. However, the medical report may influence bail decisions if health concerns arise. The examination helps ensure fair treatment during custody, indirectly affecting bail considerations.

• Medical examination may support bail applications on health grounds.

• Does not directly grant or deny bail.

• Ensures arrested persons are fit for custody or trial.

Triable By (Court Jurisdiction for CrPC Section 53)

Section 53 is procedural and applies across all courts handling criminal matters. The medical report obtained under this section can be presented in any trial, whether before a Magistrate or Sessions Court, as evidence of the accused's condition.

• Applicable in Magistrate and Sessions Courts.

• Medical reports form part of trial evidence.

• Supports fair trial and protection of accused rights.

Appeal and Revision Path under CrPC Section 53

There is no direct appeal against the medical examination itself. However, if the examination is denied unlawfully, the arrested person can file complaints or seek judicial intervention. Courts may review police conduct and order medical examinations if needed.

• Complaints can be made to higher authorities or courts.

• Judicial review can ensure compliance with Section 53.

• No specific appeal timeline for medical examination.

Example of CrPC Section 53 in Practical Use

Person X is arrested on suspicion of theft. Upon arrest, X requests a medical examination due to a pre-existing injury. The police officer arranges for a registered medical practitioner to examine X. The doctor documents the injury and confirms no new harm. This report protects X from false allegations of custodial violence and ensures proper care.

• Section 53 ensured X's health was protected during custody.

• Key takeaway: Medical examination prevents abuse and documents condition.

Historical Relevance of CrPC Section 53

Section 53 has evolved to strengthen protections against custodial torture and abuse. Earlier laws lacked clear mandates for medical checks, but amendments have emphasized the importance of medical examination to uphold human rights.

• Introduced to prevent custodial violence.

• Amended to require written medical reports.

• Aligned with international human rights standards.

Modern Relevance of CrPC Section 53

In 2026, Section 53 remains vital in policing and judicial processes. It supports transparency, accountability, and humane treatment of arrested persons. Modern concerns about custodial deaths and abuse make this section crucial for protecting rights.

• Supports digital record-keeping of medical reports.

• Helps monitor police custody conditions.

• Essential for safeguarding against torture and ill-treatment.

Related Sections to CrPC Section 53

• Section 54 – Medical examination of accused in custody

• Section 57 – Procedure when arrested person refuses to sign

• Section 41 – Arrest without warrant

• Section 46 – Arrest by police officer

• Section 167 – Procedure when investigation not completed

Case References under CrPC Section 53

1. DK Basu v. State of West Bengal (1997, AIR 1997 SC 610)

   – Supreme Court mandated medical examination of arrested persons to prevent custodial torture.

2. Joginder Kumar v. State of UP (1994, AIR 1994 SC 1349)

   – Arrest procedures including medical examination must be strictly followed to protect rights.

3. People's Union for Civil Liberties v. State of Maharashtra (2014, Bombay HC)

   – Emphasized importance of medical examination reports in custodial death cases.

Key Facts Summary for CrPC Section 53

• Section:

  53

• Title:

  Medical Examination of Arrested Persons

• Nature:

  Procedural

• Applies To:

  Police, arrested persons, medical practitioners

• Cognizance:

  On arrest or custody, on request or by authority

• Bailability:

  Not applicable directly

• Triable By:

  Magistrate and Sessions Courts (for related cases)

Conclusion on CrPC Section 53

CrPC Section 53 is a vital safeguard ensuring that arrested persons receive timely medical attention and that their physical condition is documented. This protects individuals from abuse and supports fair treatment during detention. It also promotes transparency and accountability within law enforcement agencies.

By mandating medical examinations, the section upholds human dignity and legal rights. Citizens and police alike must understand and respect this provision to prevent custodial torture and maintain trust in the criminal justice system.

FAQs on CrPC Section 53

Who can request a medical examination under Section 53?

The arrested person, any other person on their behalf, or the police officer in charge can request the medical examination under this section.

Who must conduct the medical examination?

A registered medical practitioner is required to conduct the medical examination and prepare a written report of the findings.

Is the medical examination mandatory for every arrested person?

The examination is mandatory if requested by the arrested person, their representative, or the police officer in charge. It is not automatic in every case.

Can the medical report be used in court?

Yes, the medical report serves as evidence of the arrested person's condition and can be used in trials or complaints of custodial abuse.

What if the police refuse to arrange a medical examination?

The arrested person can file a complaint with higher authorities or courts, which can order the examination and take action against non-compliance.