CrPC Section 90
CrPC Section 90 defines the procedure for obtaining consent before medical examination of a person accused of sexual offences.
CrPC Section 90 deals with the crucial procedure of obtaining consent before conducting a medical examination of a person accused of sexual offences. This section ensures that the accused's bodily autonomy and dignity are respected while allowing necessary medical procedures to collect evidence. Understanding this section is vital for protecting individual rights and maintaining fairness in criminal investigations.
The section outlines who can give consent, the conditions under which medical examination is permissible, and the safeguards to prevent abuse. It balances the need for evidence collection with the accused’s right to privacy, making it a key provision in cases involving sexual crimes.
CrPC Section 90 – Exact Provision
This section mandates that medical examination of an accused in sexual offence cases cannot proceed without explicit consent. It protects the accused’s bodily integrity and ensures that medical procedures are not forced arbitrarily. Consent must be informed and voluntary, and if the accused is a minor or incapacitated, a guardian or next friend must provide consent. This safeguards against misuse of medical examinations and upholds human rights during criminal investigations.
Consent is mandatory before medical examination of accused in sexual offences.
Guardian or next friend can consent if accused is minor or incapacitated.
Applies specifically to offences under IPC Sections 375 to 376E.
Protects bodily autonomy and dignity of accused persons.
Prevents forced or unlawful medical examinations.
Explanation of CrPC Section 90
This section simply means that before a medical exam is done on someone accused of sexual crimes, their permission is needed. If the accused is a child or cannot give consent, a guardian must agree. This protects personal rights during investigations.
The section requires consent for medical exams in sexual offence cases.
Affects accused persons, especially in IPC Sections 375 to 376E.
Consent must be voluntary and informed.
Medical exams without consent are not allowed.
Guardians can consent for minors or incapacitated accused.
Purpose and Rationale of CrPC Section 90
The section exists to protect the bodily integrity and dignity of accused persons in sensitive cases. It ensures medical examinations are done lawfully with consent, preventing abuse or forced procedures. This balances the need for evidence with respect for individual rights.
Protects accused persons’ rights and bodily autonomy.
Ensures medical exams follow proper legal procedure.
Balances police investigation needs with human dignity.
Prevents misuse or coercion in medical examinations.
When CrPC Section 90 Applies
This section applies when a person is accused of sexual offences under specified IPC sections. Medical examination cannot be done without consent during investigation or trial stages.
Applies only to accused of sexual offences under IPC Sections 375 to 376E.
Consent must be obtained before medical examination.
Guardian or next friend can consent if accused is minor or incapacitated.
Police and medical officers must comply with this rule.
No time limits but consent is mandatory before examination.
Cognizance under CrPC Section 90
Cognizance under this section arises when an accused person is to be medically examined for sexual offences. Authorities must ensure consent is obtained before proceeding. If consent is refused, medical examination cannot be conducted, and evidence collection must follow alternative lawful means.
Consent must be recorded before medical examination.
Police and medical practitioners must verify consent status.
Refusal of consent bars medical examination under this section.
Bailability under CrPC Section 90
CrPC Section 90 itself does not deal with bailability. However, offences under IPC Sections 375 to 376E vary in bailability. The section’s focus is on consent for medical examination, not on arrest or bail conditions.
Section 90 does not affect bail directly.
Bailability depends on the specific sexual offence charged.
Medical examination consent is separate from bail considerations.
Triable By (Court Jurisdiction for CrPC Section 90)
Cases involving sexual offences under IPC Sections 375 to 376E, where Section 90 applies, are generally triable by Sessions Courts. Magistrate courts handle initial proceedings but trial occurs in higher courts due to the gravity of offences.
Sessions Courts usually try offences related to Section 90.
Magistrates handle preliminary hearings and remand.
Trial courts ensure consent procedures are followed during evidence collection.
Appeal and Revision Path under CrPC Section 90
Appeals in cases involving Section 90 follow the normal criminal appeal hierarchy. Decisions related to medical examination consent may be challenged in higher courts if procedural lapses occur.
Appeals lie to Sessions Court or High Court depending on trial court.
Revision petitions can be filed for procedural irregularities.
Timelines follow general criminal appeal rules.
Example of CrPC Section 90 in Practical Use
Person X is accused of rape under IPC Section 376. Police seek to conduct a medical examination to collect evidence. Before proceeding, they must obtain X’s consent. Since X is an adult and mentally capable, his written consent is secured. The medical exam is conducted lawfully, respecting his rights and aiding the investigation.
Section 90 ensured medical exam was done only with consent.
Protected accused’s bodily autonomy during investigation.
Historical Relevance of CrPC Section 90
This section was introduced to address concerns about forced medical examinations violating personal rights. Over time, amendments clarified consent requirements, especially for vulnerable accused persons like minors.
Introduced to protect accused’s rights during sexual offence investigations.
Amended to include guardian consent for minors.
Reflects evolving standards of bodily autonomy and dignity.
Modern Relevance of CrPC Section 90
In 2026, this section remains vital for safeguarding rights amid sensitive sexual offence investigations. It aligns with global human rights norms and ensures medical evidence collection respects consent and privacy.
Supports ethical medical practices in criminal investigations.
Prevents misuse of medical examinations as coercion.
Ensures compliance with human rights standards.
Related Sections to CrPC Section 90
Section 53 – Medical examination of accused
Section 164A – Medical examination of rape victims
Section 41 – Arrest without warrant
Section 167 – Police custody and remand
Section 173 – Police report and investigation
Case References under CrPC Section 90
- State of Punjab v. Gurmit Singh (1996, AIR 1393)
– Consent is essential before medical examination; forced exams violate personal rights.
- Suchita Srivastava v. Chandigarh Administration (2009, AIR 1894)
– Emphasized bodily autonomy and informed consent in medical procedures.
- Rupan Deol Bajaj v. KPS Gill (1995, AIR 394)
– Highlighted dignity and privacy protections during investigations.
Key Facts Summary for CrPC Section 90
- Section:
90
- Title:
Consent for Medical Examination
- Nature:
Procedural safeguard
- Applies To:
Accused in sexual offence cases
- Cognizance:
Consent obtained before medical exam
- Bailability:
Not applicable
- Triable By:
Sessions Court
Conclusion on CrPC Section 90
CrPC Section 90 plays a critical role in protecting the rights of accused persons in sexual offence cases by mandating consent before medical examination. It ensures that investigations respect bodily integrity and dignity, preventing arbitrary or forced procedures. This legal safeguard balances the need for evidence with fundamental human rights.
Understanding this section helps citizens and legal practitioners uphold fairness during sensitive investigations. It promotes ethical medical practices and prevents abuse, reinforcing trust in the criminal justice system. Section 90 remains a cornerstone in protecting individual autonomy while enabling lawful evidence collection.
FAQs on CrPC Section 90
What offences does CrPC Section 90 apply to?
It applies to offences under IPC Sections 375 to 376E, which cover various sexual offences. The section governs medical examination consent for accused persons in these cases.
Who can give consent for medical examination under Section 90?
The accused person must give consent. If the accused is a minor or unable to consent, a guardian or next friend can provide consent on their behalf.
Can medical examination be done without consent under Section 90?
No, medical examination cannot be conducted without consent. Doing so would violate the accused’s rights and be unlawful under this section.
Does Section 90 affect bail or arrest procedures?
No, Section 90 specifically deals with consent for medical examination. Bail and arrest are governed by other provisions in the CrPC and IPC.
What happens if consent is refused for medical examination?
If consent is refused, medical examination cannot proceed under Section 90. Authorities must seek alternative lawful methods for evidence collection.
