What is the provision under Cr.P.C regarding the examination of a person accused of rape by a medical practitioner? 

Question: What is the provision under Cr.P.C regarding the examination of a person accused of rape by a medical practitioner?

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Answer

Section 53A deals with the Examination of a person accused of rape by the medical practitioner. It states that-

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 kilometres 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 sub-inspector, 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:

1. 1. The name and person of the accused and the name of the person whom he was brought by,
   2. Age of the accused,
   3. Injury marks,
   4. The description of the material taken from the person for DNA profiling,
   5. Other information in particular.

3. The report shall precisely state the reason for each conclusion arrived at.

4. The date of commencement and completion has to be mentioned in the report.

5. The registered medical practitioner shall, without delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.

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