(b) "registered medical practitioner" means a medical
practitioner
who
possess
any
medical
qualification as defined in clause (h) of section 2
of the Indian Medical Council Act, 1956 (102 of
1956) and whose name has been entered in a
State Medical Register.”
74. Simultaneously with the substitution of a new Explanation
under Section 53, Act 25 of 2005 also inserted a new provision in
Section 53A. Section 53A reads as follows:
“53A. Examination of person accused of rape by
medical practitioner,
(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 a police officer not below the rank of a subinspector,
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 profiling, and
(v)
other material particulars in reasonable detail.
(3)
The report shall state precisely the reasons for each
conclusion arrived at.
38
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