medical examination during the pendency of regular bail for its disposal
baljit singh
(Querist) 18 June 2008
This query is : Resolved
Hi,
its baljit here,
i have a querry whether the sessions court for the purpose of disposing of bail applcation u/s 439 Cr.P.C can allow the applicant to undgo medical examination the report of which may provide an evidence to disprove the commission againt him as the applicant do have right to do so U/s section 54 of the Cr.P.C if the same is no exercised earlier upon his production before the illaka magistrate. if so any law point on this issue.
thanks,
baljit singh advocate.
amit gupta_lawyer
(Expert) 18 June 2008
section is very much clear on ur query
54. Examination of arrested person by medical practitioner at the request of the arrested person.
When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during, the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which Magistrate shall, if requested by the arrested person so to do direct the examination of' the body of Such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of Justice.
STATE AMENDMENT
Uttar Pradesh:
In section 54, the following sentence shall be inserted at the end, namely.
"The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost."
Insertion of new Section 54-A-After Section 54, the following section shall be inserted, namely.
"54-A. Test identification of the accused. When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any court having jurisdiction on it shall be lawful for an Executive Magistrate acting at the instance of such court, to hold test identification of the person arrested."
[Vide U.P. Act 1 of 1984. sec. 8 (w.e.f. 1-5-1984)].
