CLAUSES 52,53,54,84,86 OF BNSS

 

CLAUSES 52,53,54,84,86 OF BNSS

CLAUSE 52: EXAMINATION OF PERSON ACCUSED OF RAPE BY A MEDICAL PRACTIONER;

(1)               When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a 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, acting at the request of any police offi cer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the accused and of the person by whom he was brought; (ii) the age of the accused; (iii) marks of injury, if any, on the person of the accused; (iv) the description of material taken from the person of the accused for DNA profi ling; and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The exact time of commencement and completion of the examination shall also be noted in the report. (5) The registered medical practitioner shall, without delay, forward the report to the investigating offi cer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section

(2)                Clause 53 - Examination of arrested person by medical offi cer (1) When any person is arrested, he shall be examined by a medical offi cer in the service of the Central Government or a State Government, and in case the medical offi cer is not available, by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical offi cer, and in case the female medical offi cer is not available, by a female registered medical practitioner: Provided further that if the registered medical practitioner is of the opinion that one more examination of such person is necessary, she may do so. (2) The medical offi cer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been infl icted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical offi cer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

(3)               Clause 54 - Identifi cation of person arrested Where a person is arrested on a charge of committing an offence and his identifi cation by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the offi cer in charge of a police station, direct the person so arrested to subject himself to identifi cation by any person or persons in such manner as the Court may deem fi t: Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identifi cation shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifi es the person arrested using methods that person is comfortable with and the identifi cation process shall be recorded by any audio-video electronic means.

(4)               Clause 84 - Proclamation for person absconding (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specifi ed place and at a specifi ed time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:— (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affi xed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affi xed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fi t, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specifi ed day, in the manner specifi ed in clause (i) of sub-section (2), shall be conclusive evidence that the requirements of this section have been complied with, and that the proclamation was published on such day. (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at the specifi ed place and time required by the proclamation, the Court may, after making such inquiry as it thinks fi t, pronounce him a proclaimed offender and make a declaration to that effect. (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).

(5)               Clause 86 - Identifi cation and attachment of property of proclaimed person The Court may, on the written request from a police offi cer not below the rank of the Superintendent of Police or Commissioner of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State for identifi cation, attachment and forfeiture of property belonging to a proclaimed person in accordance with the procedure provided in Chapter VIII.