The Patna High Court has directed police in Bihar to be sensitised and reminded of their duty under Section 53A of the Code of Criminal Procedure (CrPC) to ensure that persons accused of sexual offences, including rape, are medically examined immediately after arrest. The court described the provision as a “forgotten law” that must be implemented effectively to aid fair and thorough investigations.
A Division Bench comprising Justice Bibek Chaudhuri and Justice Ansul stressed that failure to conduct prompt medical examinations under Section 53A can leave significant gaps in the investigative process, potentially weakening evidence and adversely affecting the prosecution’s case. The judges noted that the provision was inserted into the CrPC to ensure that physical and biological evidence is collected early in the investigation, especially in cases of sexual offences where delays can compromise crucial material.
Under Section 53A, when reasonable grounds exist to believe that examination of the accused will yield evidence related to the alleged crime, a registered medical practitioner must examine the person without unnecessary delay. Legal practitioners have argued that strict compliance with this provision not only strengthens investigations but also upholds the rights of both victims and accused persons.
The court’s direction to sensitize police officers aims to ensure that statutory requirements are met consistently across cases, reducing procedural lapses that can hinder justice.
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