CrPC Section 58

CrPC Section 58 mandates that any person arrested and detained in custody must be produced before a medical officer for examination. This provision safeguards the health and human rights of the accused by ensuring timely medical attention and documentation of their physical condition.

Understanding this section is crucial for police, medical professionals, and accused persons alike. It ensures that any injuries or health issues are promptly identified, preventing custodial torture or neglect. This section also helps maintain transparency and accountability in the criminal justice process.

CrPC Section 58 – Exact Provision

This section requires that every arrested individual be examined by a medical officer within 24 hours. The police must inform the medical officer about the arrest and detention. This ensures the arrested person's health is monitored and any injuries or medical conditions are recorded officially.

• Mandatory medical examination within 24 hours of arrest.

• Police must inform the medical officer about the arrest.

• Protects the health and rights of the detained person.

• Helps document physical condition to prevent abuse.

• Applies to all arrested persons in custody.

Explanation of CrPC Section 58

Simply put, this section means that when someone is arrested, they must see a doctor within a day. This helps check their health and ensures they are not harmed while in custody.

• The section states arrested persons must be medically examined within 24 hours.

• It affects arrested individuals and police officers holding custody.

• Triggering event is the arrest and detention of a person.

• Police must produce the arrested person before a medical officer promptly.

• Failure to do so is against legal procedure and may violate rights.

Purpose and Rationale of CrPC Section 58

This section exists to protect the physical well-being of arrested persons. It ensures that any injuries or health problems are identified early, preventing torture or neglect in custody. It balances police powers with the rights of detainees by mandating medical oversight.

• Protects the health and dignity of arrested individuals.

• Ensures proper medical procedure is followed after arrest.

• Balances police authority with human rights safeguards.

• Prevents abuse, torture, or neglect in custody.

When CrPC Section 58 Applies

This section applies immediately after a person is arrested and detained by police or other authorities. It requires the arrested person to be examined by a medical officer within 24 hours of custody.

• Applies to all persons arrested and detained in custody.

• Police or custodial officers have authority to produce the person for examination.

• Medical officers must conduct the examination within 24 hours.

• Applies regardless of the offence or case type.

• No exceptions or limitations except in emergencies.

Cognizance under CrPC Section 58

Cognizance under this section is procedural and automatic upon arrest and detention. Police must produce the arrested person before a medical officer within 24 hours. The medical officer records the examination report, which becomes part of the custody record and can be used in court if needed.

• Police take cognizance by producing arrested persons for medical exam.

• Medical officer examines and documents health status.

• Report is submitted to police and may be used in judicial proceedings.

Bailability under CrPC Section 58

Section 58 itself does not relate to bailability but applies to all arrested persons regardless of offence type. The medical examination requirement is independent of bail status and protects the health of both bailable and non-bailable accused.

• Medical examination applies to all arrested persons, bailable or non-bailable.

• Ensures health rights irrespective of bail conditions.

• Does not affect bail eligibility or procedures.

Triable By (Court Jurisdiction for CrPC Section 58)

Section 58 is a procedural safeguard and does not define trial jurisdiction. The trial court for the underlying offence handles the case. However, medical reports obtained under this section may be used as evidence in any court trying the matter.

• Trial jurisdiction depends on the offence charged.

• Medical examination reports support evidence in trial courts.

• No separate court jurisdiction specifically for Section 58.

Appeal and Revision Path under CrPC Section 58

Since Section 58 concerns procedural medical examination, there is no direct appeal or revision against it. However, if failure to comply affects the accused's rights, it may be raised in appeals or revisions related to custody or trial proceedings.

• No direct appeal against medical examination under Section 58.

• Non-compliance can be challenged in appeals or revisions of related cases.

• Higher courts may review custodial procedures if rights are violated.

Example of CrPC Section 58 in Practical Use

Person X was arrested on suspicion of theft. Within hours, the police produced X before a medical officer as required by Section 58. The doctor examined X, noting a bruise on the arm. This report helped prove that the injury occurred before arrest, protecting X from false claims of police brutality.

• Section 58 ensured timely medical check-up of arrested X.

• Helped document physical condition to prevent abuse.

Historical Relevance of CrPC Section 58

Section 58 was introduced to address concerns over custodial torture and neglect. Over time, amendments have strengthened the rights of arrested persons to medical care. It reflects evolving standards on humane treatment in police custody.

• Introduced to prevent custodial abuse and torture.

• Amended to mandate strict timelines for medical examination.

• Reflects growing emphasis on human rights in criminal procedure.

Modern Relevance of CrPC Section 58

In 2026, this section remains vital for protecting arrested persons' health amid concerns of custodial violence. It supports transparency and accountability by involving medical professionals early. Digital records of medical exams also improve evidence reliability.

• Ensures health rights in modern policing and custody.

• Supports accountability through medical documentation.

• Integrates with digital record-keeping for transparency.

Related Sections to CrPC Section 58

• Section 54 – Procedure for arrest without warrant

• Section 57 – Arrest by police officer

• Section 167 – Procedure when investigation cannot be completed in 24 hours

• Section 41 – Arrest without warrant by police

• Section 46 – Arrest how made

Case References under CrPC Section 58

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

   – Established guidelines for arrest and custody including medical examination to prevent torture.

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

   – Emphasized need for prompt medical examination after arrest to protect detainee rights.

3. Sheela Barse v. Union of India (1986, AIR 1986 SC 1773)

   – Highlighted importance of medical checks in custodial cases to prevent abuse.

Key Facts Summary for CrPC Section 58

• Section:

  58

• Title:

  Medical Examination of Arrested Persons

• Nature:

  Procedural safeguard

• Applies To:

  Police, medical officers, arrested persons

• Cognizance:

  Automatic upon arrest and detention

• Bailability:

  Applies regardless of bail status

• Triable By:

  Trial court of underlying offence

Conclusion on CrPC Section 58

CrPC Section 58 plays a crucial role in protecting the health and rights of persons arrested and detained by police. By mandating medical examination within 24 hours, it ensures that any injuries or health issues are documented early, preventing custodial abuse.

This section strengthens the criminal justice system's fairness and accountability. It reassures citizens that their physical well-being will be safeguarded during custody, promoting trust in law enforcement and judicial processes.

FAQs on CrPC Section 58

What is the time limit for medical examination after arrest under Section 58?

The arrested person must be produced before a medical officer within 24 hours of arrest for examination, as mandated by Section 58.

Who is responsible for producing the arrested person for medical examination?

The police officer or person having custody of the arrested individual must ensure they are produced before a medical officer within the stipulated time.

Does Section 58 apply to all arrested persons?

Yes, Section 58 applies to every person arrested and detained in custody, regardless of the offence or bail status.

What is the purpose of the medical examination under this section?

The examination protects the arrested person's health, documents any injuries, and prevents custodial torture or neglect.

Can failure to comply with Section 58 affect the legal case?

Yes, non-compliance can be challenged in court as it may violate the rights of the arrested person and affect the fairness of the trial.