CrPC 53, 53A, 54 vs BNSS 51, 52, 53: Medical Examination (2026)

In India, Sections 51, 52 and 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Sections 53, 53A and 54 of the Code of Criminal Procedure, 1973 (CrPC) on 1 July 2024. Any police officer may now request the examination, reports must reach the investigating officer without delay, and a second examination of an arrested person is permitted.

At a glance

Old section	New section	What it does	Change
53(1)–(2)	51(1)–(2)	Examination of an arrested accused by a registered medical practitioner at police request, with reasonable force	Modified — "any police officer" replaces "not below the rank of sub-inspector"
—	51(3)	Practitioner forwards the report to the investigating officer "without any delay"	New
53, Explanation	51, Explanation	Meaning of "examination" and "registered medical practitioner" for all three sections	Modified — National Medical Commission Act, 2019 replaces Indian Medical Council Act, 1956
53A(1)–(5)	52(1)–(5)	Examination of a person arrested for rape or attempt to rape; contents of report	Modified — "any police officer"; minor edits ("without any delay"; s.173(5)(a) → s.193(6)(a))
54(1)–(3)	53(1)–(3)	Examination of every arrested person by a medical officer soon after arrest; copy of report	Expanded — proviso for "one more examination"

All three are procedural: no punishment and no First Schedule classification. Commencement: 1 July 2024, S.O. 848(E) of 23 February 2024.

What changed

Modified — who may request (s.51(1), s.52(1)). "Acting at the request of a police officer not below the rank of sub-inspector" (s.53(1) CrPC; s.53A(1) said "a sub-inspector") becomes "acting at the request of any police officer".
Identical — the power and the female-examiner rule (s.51(1)–(2)). The grounds ("reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence"), the scope ("as is reasonably necessary"), the use of "such force as is reasonably necessary", and the rule that a female is examined "only by, or under the supervision of, a female registered medical practitioner" are unchanged.
New — s.51(3). "The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer." Section 53 CrPC had no reporting sub-section; only s.53A(5) did.
Modified — the Explanation. Clause (a), the meaning of "examination" (blood, blood stains, semen, swabs in sexual offences, sputum and sweat, hair samples, finger nail clippings, "modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary"), is unchanged. Clause (b) now defines a registered medical practitioner as one with a qualification "recognised under the National Medical Commission Act, 2019" whose name is in "the National Medical Register or a State Medical Register under that Act". The CrPC text referred to "clause (h) of section 2 of the Indian Medical Council Act, 1956" and a State Medical Register. The Explanation now applies to "this section and sections 52 and 53".
Minor edit — s.52(2) and (5). "Without delay" becomes "without any delay" in both. Sub-section (5) sends the report to the Magistrate "referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6)" in place of s.173 and sub-section (5). The list in sub-section (2) now ends each item with a semicolon.
Identical — s.52(3) and (4). The report must "state precisely the reasons for each conclusion" and note "the exact time of commencement and completion of the examination". The sixteen-kilometre rule in s.52(1) is unchanged.
Expanded — s.53(1). A new first proviso: "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". The proviso on female arrested persons becomes the second proviso, its opening words changing from "Provided that" to "Provided further that" (Minor edit); its substance is unchanged. "In the service of Central or State Government" becomes "in the service of the Central Government or a State Government" (Minor edit). Sub-sections (2) and (3) are identical.

Statutory text (relevant extract)

Section 53(1) CrPC (extract): "it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary".

Section 51(1) and (3) BNSS (extract): "it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary … (3) The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer."

Section 53(1) BNSS (extract): "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".

How it works — the steps

Section 51 — examination at police request (any offence).

A person must be "arrested on a charge of committing an offence" of such a nature, and in such circumstances, that there are reasonable grounds for believing an examination of his person "will afford evidence as to the commission of an offence".
Any police officer requests a registered medical practitioner to examine the person.
The practitioner, and anyone acting in good faith in his aid and under his direction, examines as is reasonably necessary to ascertain the facts, using reasonable force if needed.
A female is examined only by, or under the supervision of, a female registered medical practitioner (s.51(2)).
The report goes to the investigating officer without any delay (s.51(3)).

Section 52 — person arrested for rape or attempt to rape.

The examiner is a registered medical practitioner employed in a Government or local-authority hospital; if none is available "within the radius of sixteen kilometres from the place where the offence has been committed", any other registered medical practitioner.
The request may come from any police officer; reasonable force may be used.
The practitioner examines "without any delay" and reports the five particulars in s.52(2): name and address of the accused and of the person who brought him; age; marks of injury; "the description of material taken from the person of the accused for DNA profiling"; and other material particulars.
The report states reasons for each conclusion and the exact start and finish times (s.52(3)–(4)).
The practitioner forwards the report to the investigating officer, who forwards it to the Magistrate with the police report documents under s.193(6)(a) (s.52(5)).

Section 53 — every arrested person.

"When any person is arrested, he shall be examined" by a Government medical officer or, if none is available, a registered medical practitioner, soon after the arrest.
One more examination may be done if the examiner considers it necessary (first proviso).
A female arrested person's body is examined only by or under the supervision of a female medical officer or, if none is available, a female registered medical practitioner (second proviso).
The record notes injuries or marks of violence and "the approximate time when such injuries or marks may have been inflicted" (s.53(2)).
A copy of the report goes to the arrested person or the person he nominates (s.53(3)).

What this means in practice

For the investigating officer. A police officer of any rank may now make the s.51 or s.52 request, but the grounds are unchanged: there must be reasonable grounds to believe the examination will afford evidence. In a rape case, s.52(2)(iv) makes the description of material taken for DNA profiling a required item in the report; the Wasnik judgment below treats withholding available DNA results as having adverse consequences for the prosecution.
For the arrested person. Section 53 is not dependent on a police request: "he shall be examined" soon after arrest. Ask for the copy of the report under s.53(3); it records injuries and their approximate time. If a later examination seems needed, the first proviso lets the examining doctor conduct one more.
For the advocate. Check the s.53 record for injuries at the time of arrest; check in a s.52 case whether the report contains all five particulars, the reasons and the times; and check whether the s.51(3) report reached the investigating officer. Section 349 BNSS (s.311A CrPC), under which a Magistrate may order specimen signatures, finger impressions, handwriting or a voice sample, is a separate power not covered by these sections.
For the woman accused. Sections 51(2) and 53 (second proviso) require female examiners or supervision; s.52 applies to a person arrested for rape or attempt to rape.
Victim examination is elsewhere. The medical examination of a rape victim is in s.184 BNSS (s.164A CrPC), not in s.52.

Judgments that still matter

Apart from the changes listed above (a request may now come from any police officer rather than one not below the rank of sub-inspector, the new s.51(3), the "one more examination" proviso and drafting edits), ss.51, 52 and 53 carry forward the operative words of ss.53, 53A and 54 CrPC, so, on a reading of the text, judgments construing those words remain relevant to the unchanged parts.

D.K. Basu v. State of West Bengal, [1996] Supp. 10 S.C.R. 284 (1996 INSC 1508), decided 18 December 1996. Dr. A.S. Anand J., for a bench with Kuldip Singh J., issued requirements to be followed in all cases of arrest or detention "till legal provisions are made in that behalf". Requirement (7) said the arrestee should, "where he so requests", be examined at the time of arrest with injuries recorded in an "Inspection Memo" signed by him and the arresting officer. Requirement (8) said the arrestee should be medically examined "by a trained doctor every 48 hours during his detention in custody". Failure to comply would attract departmental action and contempt. Why it matters now: s.54 CrPC was substituted in 2009 (Act 5 of 2009, w.e.f. 31 December 2009) to require examination of every arrested person; s.53 BNSS carries that text forward. On a reading, the 48-hour requirement in D.K. Basu is not reproduced in s.53 BNSS.

Selvi v. State of Karnataka, [2010] 5 S.C.R. 381, decided 5 May 2010. A three-judge bench (K.G. Balakrishnan C.J.I., R.V. Raveendran and J.M. Panchal JJ.) considered whether narco-analysis, polygraph and Brain Electrical Activation Profile tests fall within the Explanation to ss.53, 53A and 54 CrPC. It held that "such other tests" "should be read so as to confine its meaning to include only those tests which involve the examination of physical evidence", applying ejusdem generis (para 149). The techniques "cannot be read into the statutory provisions which enable medical examination" (para 222), and no individual should be forcibly subjected to them (para 223). Why it matters now: clause (a) of the Explanation to s.51 BNSS repeats the same list and the same words "such other tests".

Krishan Kumar Malik v. State of Haryana, [2011] 8 S.C.R. 774 (2011 INSC 437), decided 4 July 2011. Deepak Verma J., for a bench with Dalveer Bhandari J., said that after s.53A came into force on 23 June 2006 "it has become necessary for the prosecution to go in for DNA test in such type of cases" (para 45), and that even before 2006 the prosecution could have obtained a DNA comparison but did not. The appeal was allowed and the appellant acquitted (para 48). Why it matters now: s.52 BNSS keeps the s.53A requirement that the report describe material taken for DNA profiling.

Rajendra Pralhadrao Wasnik v. State of Maharashtra, [2018] 14 S.C.R. 585 (2018 INSC 1194), decided 12 December 2018. In review, Madan B. Lokur J., for a three-judge bench, said: "While Section 53-A of the Cr.P.C. is not mandatory, it certainly requires a positive decision to be taken", and that if reasonable grounds exist the s.53A(2) examination "must be conducted" (para 49). Where DNA profiling "has not been done or it is held back from the Trial Court, an adverse consequence would follow for the prosecution" (para 54). DNA samples had been taken but the result never produced (para 57). The Court commuted the death sentence and directed that the appellant not be released for the rest of his normal life (para 80). Why it matters now: it construes the words now in s.52(1)–(2) BNSS.

Which law applies to your case

Section 531(2)(a) BNSS provides that any investigation pending immediately before 1 July 2024 is continued under the CrPC "as if this Sanhita had not come into force". On a reading of that text, an examination in an investigation pending on that date is governed by ss.53, 53A and 54 CrPC (including the sub-inspector rank requirement), and one in an investigation begun on or after that date by ss.51–53 BNSS. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What are the BNSS equivalents of Sections 53, 53A and 54 CrPC? Section 51 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 53 CrPC (examination at the request of the police), Section 52 replaced Section 53A (examination of a person accused of rape), and Section 53 replaced Section 54 (examination of every arrested person by a medical officer). All three took effect on 1 July 2024.

Can any police officer ask for the medical examination of an arrested accused? Yes. Sections 51(1) and 52(1) BNSS allow a registered medical practitioner to examine the arrested person 'acting at the request of any police officer'. Sections 53(1) and 53A(1) CrPC required the request to come from a police officer not below the rank of sub-inspector.

Can force be used for a medical examination of the accused? Section 51(1) BNSS makes it lawful for the practitioner, and any person acting in good faith in his aid and under his direction, to make such examination as is reasonably necessary to ascertain the facts and 'to use such force as is reasonably necessary for that purpose'. Section 52(1) contains the same power for a person arrested on a charge of rape or attempt to rape. Section 51(2) requires a female to be examined only by, or under the supervision of, a female registered medical practitioner.

Does every arrested person have a right to a medical examination? Section 53(1) BNSS says that when any person is arrested he 'shall be examined' by a medical officer in the service of the Central or a State Government, or, if none is available, by a registered medical practitioner, soon after the arrest. The record must note injuries or marks of violence and their approximate time under Section 53(2), and a copy must be given to the arrested person or his nominee under Section 53(3).

Can an arrested person be medically examined twice under the BNSS? Yes. The first proviso to Section 53(1) BNSS says that if the medical officer or registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so. Section 54 CrPC had no such proviso.

Can the police force an accused to undergo a narco-analysis or polygraph test under these sections? In Selvi v. State of Karnataka, [2010] 5 S.C.R. 381, the Supreme Court held that narco-analysis, polygraph and BEAP tests cannot be read into the Explanation to Sections 53, 53A and 54 CrPC, and that no individual should be forcibly subjected to them (paras 222-223). The Explanation to Section 51 BNSS repeats the same list of examinations, including 'such other tests', so on a reading of the text that construction remains relevant.

Is a DNA test mandatory in a rape case under Section 52 BNSS? Section 52(2)(iv) BNSS requires the examination report to describe the material taken from the accused for DNA profiling. In Rajendra Pralhadrao Wasnik v. State of Maharashtra, [2018] 14 S.C.R. 585 (para 49), the Supreme Court said the corresponding Section 53A CrPC is not mandatory but requires a positive decision, and that if reasonable grounds exist the examination must be conducted.

Sources

Acts and sections read: BNSS 2023 ss.51, 52, 53, 184, 349, 531 (Gazette CG-DL-E-25122023-250884); CrPC 1973 ss.53, 53A, 54, with the footnotes recording Act 25 of 2005 and Act 5 of 2009 (original India Code text).
Judgments read (Veritect judgment corpus, full text): D.K. Basu v. State of West Bengal (S_1996_10_284_320_EN.md); Selvi v. State of Karnataka (2010_5_381_594_EN.md); Krishan Kumar Malik v. State of Haryana (2011_8_774_797_EN.md); Rajendra Pralhadrao Wasnik v. State of Maharashtra (2018_14_585_626_EN.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.

Section 53 CrPC vs Section 51 BNSS — Medical Examination of the Accused (CrPC 53, 53A, 54)