CrPC Section 168
Section 168 CrPC: Power of Magistrate to order medical examination
Text of Section 168:
"When a person is arrested, or detained in custody or is accused of an offence involving bodily hurt or sexual assault, the Magistrate may, either on his own motion or on an application made to him in this behalf, order that such person be medically examined by a qualified medical practitioner and that a report in writing of the examination be sent to the Magistrate."
Explanation:
Section 168 deals with the power of the Magistrate to order a medical examination of an accused or arrested person, especially in cases involving bodily injury or sexual offences.
When does Section 168 apply?
When a person is arrested or detained in custody.
When the person is accused of an offence involving bodily hurt, injury, or sexual assault.
The Magistrate can order a medical examination of that person.
Key features:
Who can order the examination?
The Magistrate has the authority to order a medical examination either on his own (suo motu) or based on an application filed by the police, victim, or accused.
Purpose of medical examination:
To ascertain whether the accused or the victim has bodily injuries or other physical evidence relevant to the case.
To obtain medical evidence which can be critical for investigation and trial.
Qualified medical practitioner:
The examination must be conducted by a qualified and registered medical professional to ensure credibility.
Report submission:
The medical practitioner must send a written report of the examination to the Magistrate.
This report becomes part of the case record and may be used as evidence in court.
Why is Section 168 important?
It helps in collecting crucial medical evidence in cases involving physical harm or sexual offences.
Medical reports provide objective proof that supports or refutes claims made by either party.
It protects the rights of the accused and victim, ensuring the investigation is thorough and fair.
Helps avoid fabrication of injuries or false claims.
Relation with other sections:
Medical examination of victims is also covered under Section 164A CrPC, which specifically deals with examination of victims in sexual offences.
Section 54 of the Protection of Children from Sexual Offences (POCSO) Act has similar provisions for children.
Summary:
Section 168 empowers the Magistrate to order medical examination of an accused or arrested person when the offence involves bodily injury or sexual assault.
The medical report obtained is an important piece of evidence in criminal cases.
The examination helps ensure a fair and comprehensive investigation.
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