If I file a police complaint of defation arising out of impotency allegation from wife, can police give order for my potency test, on my willingness to undergo such test, to a government hospital? I just want to get potency test done from a govt. hospital to fight the annulment petition filed from wife's side in family court. I prefer to get order for test from police not from court if possible. So, please tell me if police has the right to order medical checkup if i'm willing for it.
A V Vishal (Advocate) 21 May 2011
No police has no right to ask you to undergo the test.
Arup (UNEMPLOYED) 21 May 2011
no, police can not.
if you are keen to go under the test, approach the court. they have the power, against the complaint.
unable to understand why you prefer the police rather than court.
Advocate M.Bhadra 21 May 2011
Police authority has no legal right to refer a person to undergo medical test to identify impotency. The matter should bring to the notice of the Court then Court may appoint a copetent medical practttioner in this regard.
Dr V. Nageswara Rao (Advocate) 25 May 2011
1. By 2005 amendments of Cr.P.C. the power has been conferred under Ss. 53 , 53A etc on the police to order medical examination. Thus, the old legal position does not hold good any more.
2.In your case, it is you who has filed a criminal complaint of defamation obviously under S. 500 of IPC. against your wife. So you have to prove that her allegation of impotemcy is false. Defamation is an example of private prosecution. You can get your self examined by an aurthorised doctor and obtain a certificate that your are not impotent and file it in the Court. Then, your wife has to rebut your evidence and she can do that by only asking for medical examination. So you will win wither way.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
