EXAMINATION OF PERSON ACCUSED OF RAPE BY MEDICAL PRACTITIONER SECTION 53A

This section brought in the Code through the amendment of 2005, seeks to provide statutory sanction to the medical examination of a person accused of sexual offence. The section stipulates a detailed medical examination of a person accused of an offence of rape or an attempt to commit rape by the registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner.

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Often due to lack of foresight on the part of the Investigating Officer, conclusive scientific evidence, which could be obtained through forensic examination of the accused or the victim’s clothes, is lost. Therefore, it was held in Siva Vallabhaneni v State of Karnataka, (2015) 2 SCC 90, that It is the prime duty of the accused to cooperate with the investigating agency. Where the accused was already medically examined under section 53A, he cannot take a plea that he cannot be submitted to a re-examination here accused must submit to medical examination.