Legal provisions regarding right to be examined by a medical practitioner at the request of the arrested person under section 54 of the Code of Criminal Procedure, 1973.
Section 54 of the Code of Criminal Procedure provides:
(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.
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ADVERTISEMENTS:
(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.
In Sheela Barse v. State of Maharashtra, the Supreme Court has held that the arrested accused person must be informed by the magistrate about his right to be medically examined in terms of Section 54 of the Code of Criminal Procedure in case he has complaints of physical torture or maltreatment in police custody. The Supreme Court has cautioned the lower courts not to adopt a casual approach to custodian torture.
In Mukesh Kumar v. State, it was held that where an accused sought his medical examination, in case of torture, the procedure adopted by the Magistrate in examining the body of the accused person himself, and then dismissing the application for medical examination holding that on his observation that they were not seen in normal postures, was wholly unwarranted and atrocious.
