Medical Examination Of Accused In Custody
1. Introduction
When a person is arrested or detained by police or other authorities, it is crucial to ensure their physical and mental well-being during custody. Medical examination of an accused in custody serves multiple purposes:
To ascertain the accused’s physical and mental condition at the time of arrest.
To ensure the accused is not subjected to torture, custodial violence, or ill-treatment.
To provide evidence in case of alleged custodial torture or injuries.
To protect the accused’s fundamental rights under Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
2. Legal Provisions
Section 54 of the Code of Criminal Procedure (CrPC), 1973: Provides for medical examination of the accused at the time of arrest or as soon as possible thereafter.
Section 164 CrPC: Sometimes medical examination is ordered during the recording of statements.
Article 21 of the Constitution: Right to life includes protection from torture and custodial violence.
Various Supreme Court guidelines and judgments mandate medical examination as a safeguard against custodial torture.
3. Importance of Medical Examination
Acts as a deterrent against custodial violence.
Provides independent proof of injuries, if any.
Helps courts decide on the condition of accused at arrest.
Maintains transparency and accountability in law enforcement.
Protects the accused’s human rights.
4. Judicial Pronouncements on Medical Examination of Accused in Custody
Case 1: D.K. Basu v. State of West Bengal AIR 1997 SC 610
Facts: The Supreme Court addressed custodial violence and laid down guidelines to prevent torture and ill-treatment.
Held: The Court mandated that medical examination of the arrested person should be conducted immediately upon arrest. The medical report should be made available to the arrested person and their lawyer, and proper documentation is necessary.
Importance: This landmark ruling emphasized medical examination as a critical safeguard against custodial abuse.
Case 2: Selvi v. State of Karnataka (2010) 7 SCC 263
Facts: The case dealt with involuntary administration of narcoanalysis tests, but the Court also highlighted the importance of protecting bodily integrity.
Held: The Supreme Court underscored the necessity of medical examinations before and after such tests, emphasizing informed consent and protection of rights.
Importance: Reinforced that medical examination safeguards the bodily autonomy of the accused.
Case 3: Joginder Kumar v. State of UP AIR 1994 SC 1349
Facts: Guidelines were laid down regarding arrests and custody procedures.
Held: The Court directed that arrested persons should be medically examined and the report preserved. This helps in protecting the accused from custodial torture and ill-treatment.
Importance: Strengthened the procedural safeguards including medical examination immediately after arrest.
Case 4: Ramana Dayaram Shetty v. International Airport Authority of India AIR 1979 SC 1628
Facts: The case is more about fundamental rights but the Court spoke broadly about safeguarding the personal liberty and integrity of individuals in custody.
Held: The Court held that any physical or mental injury caused during custody violates the right to life and liberty under Article 21.
Importance: Highlights the necessity of medical examination to uphold constitutional rights.
Case 5: Prem Shankar Shukla v. Delhi Administration AIR 1980 SC 1535
Facts: The accused alleged custodial torture.
Held: The Supreme Court observed that medical examination is essential to investigate claims of custodial violence and directed appropriate protocols.
Importance: Medical examination helps to corroborate or refute allegations of torture.
Case 6: Rudul Sah v. State of Bihar AIR 1983 SC 1086
Facts: A case of custodial death due to alleged torture.
Held: Court emphasized that immediate medical examination upon arrest could prevent such tragedies and acts as a safeguard for the accused.
Importance: Reinforces the preventive role of medical examination.
Case 7: State of Haryana v. Bhajan Lal AIR 1992 SC 604
Facts: The case dealt with arbitrary arrests and preventive action.
Held: Medical examination is part of the safeguards against illegal detention and ill-treatment.
Importance: Part of broader protections for arrested persons.
5. Procedure for Medical Examination of Accused
The accused should be produced before a registered medical practitioner immediately or within a reasonable time after arrest.
Medical examination should be conducted in a private and humane manner.
The medical report should document all injuries or absence thereof.
The report must be given to the accused or their legal counsel.
If injuries are found, a police complaint or FIR should be registered.
The report acts as important evidence in trial and investigation.
6. Summary Table of Case Laws
| Case | Principle | Significance |
|---|---|---|
| D.K. Basu v. West Bengal | Mandatory immediate medical exam | Prevent custodial torture |
| Selvi v. Karnataka | Medical exam before tests | Protect bodily autonomy |
| Joginder Kumar v. UP | Medical exam post-arrest | Procedural safeguard |
| Ramana Shetty | Physical integrity under Art. 21 | Constitutional right protection |
| Prem Shankar Shukla | Medical exam in custodial torture claims | Corroborate allegations |
| Rudul Sah v. Bihar | Medical exam to prevent custodial death | Preventive safeguard |
| State v. Bhajan Lal | Medical exam against illegal detention | Part of arrest safeguards |
7. Conclusion
The medical examination of an accused in custody is a fundamental procedural safeguard. It:
Ensures protection of human dignity and bodily integrity.
Acts as proof against custodial violence and torture.
Is mandated by statutory provisions and Supreme Court guidelines.
Upholds the constitutional guarantee under Article 21.
Strengthens fair trial rights by preserving evidence of physical condition.
Failure to conduct medical examination or denial of such a right can lead to serious consequences against law enforcement and may vitiate evidence or the entire trial.
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