Section 54 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

54. Examination of arrested person by medical practitioner at the request of the arrested person.

1[(1)] When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

2[(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.]

CrPc (Amendment) Act, 2005 (Notes on Clauses)

Section 54 has been amended to provide that a copy of the report of the medical examination of the arrested person should also be furnished by the registered medical practitioner to the arrested person or his nominee, after his medical examination has been conducted.

State Amendment

Uttar Pradesh:

In section 54, the following sentence shall be inserted at the end, namely:-

“The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost.”

[Vide Uttar Pradesh Act 1 of 1984, sec. 7 (w.e.f. 1-5-1984)].

After section 54, the following section shall be inserted, namely:-

“54-A. Test identification of the accused.- When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested.”

[Vide Uttar Pradesh Act 1 of 1984, sec. 8 (w.e.f. 1-5-1984)

1. Section 54 renumbered as sub-section thereof by Act 25 of 2005, sec. 10.

2. Ins. by Act 25 of 2005, sec. 10.

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Section 54 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

54. Examination of arrested person by medical practitioner at the request of the arrested person.

 

When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during, the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which Magistrate shall, if requested by the arrested person so to do direct the examination of’ the body of Such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of Justice.

 

STATE AMENDMENT

 

Uttar Pradesh:

 

In section 54, the following sentence shall be inserted at the end, namely.

“The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost.”

 

Insertion of new Section 54-A-After Section 54, the following section shall be inserted, namely.

 

“54-A. Test identification of the accused. When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any court having jurisdiction on it shall be lawful for an Executive Magistrate acting at the instance of such court, to hold test identification of the person arrested.”

 

[Vide U.P. Act 1 of 1984. sec. 8 (w.e.f. 1-5-1984)].

 

 

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