J Indian Acad Forensic Med, 30(3)

Review Article

Recent changes in Criminal Procedure Code and Indian Penal Code relevant tomedical profession

Swapnil S. Agarwal*, Lavlesh Kumar** & S. C. Mestri***

."AbstractEvery medical practitioner must have sufficient knowledge of law in order not to conflict with it

during the practiceof his profession. For this he has to be familiar with various.actsand rules & regulationsthat are in force or otherwise he may find himself inadvertentlycontraveningthese and courtingtrouble andalso amounts to professional misconduct attracting disciplinary action by State Medical Council. Certaincodes given in Criminal Procedure Code and Indian Penal Code have a direct binding on medicalpractitioner.With changing times, few of them have been revised and these changes are presented in thepaper.

Key Words: Indian Penal Code, Criminal Procedure Code.

Changes in the Criminal Procedure Code,1973

The bill for the changes in certain sectionsof Criminal Procedure Code has been passed inyear 2005 and the amendments are in force as ontoday. Certain sections have a direct bearing onmedical practitioners and only those are listedbelow 1:1. Powers of 151 and 2nd Class Judicial

Magistrates have been changed. A first classjudicial magistrate can now award fine up toRs. 10,000/- [earlier Rs. 5,000/-] whereas asecond class judicial magistrate can nowaward fine up to Rs. 5,000/- [earlier Rs.1,000/-] as per changes in Section 29 of the 3.said act.

2. Section 53 [1] states that an accused can beexamined by a doctor at the request of apolice officer, not below the rank of a sub­inspector [or any other officer acting under his

*Corresponding author-Associate Professore-mail: drssagarwal@hotmail.com**Assistant Professor, Department of ForensicMedicine & Toxicology, KLE University's J NMedical College,Belgaum590010. Karnataka.***Professor,Department of Forensic Medicine &Toxicology,Vydehi Institute of Medical Sciences,Bangalore,Karnataka.

direction and good faith], even without hisconsent, and by use of reasonable force, ifthere are reasonable grounds to believe thatsuch .an examination will afford evidenceregarding the commission of the offence. inthis section, word 'examination' has beenelaborated meaning examination of blood,blood stains, semen, swabs in case of sexualoffences, sputum and sweat, hair samplesandfinger nail clippings by the use of modern andscientific techniques including DNA profilingand such other tests that a registeredmedicalpractitioner thinks necessary in that particularcase.A new Section 53 - [A] has been introducedregarding examination of person accused ofrape by medical practitioner. It states that [1]when a person is arrested. on a charge ofcommitting an offence of rape or an attemptto commit rape and there are reasonablegrounds to believe that an examination willafford evidence as to the commission of theoffence, it shall be lawful for a registeredmedical practitioner employed in a hospitalrun by the Government or by a local authorityand in the absence of such a practitionerwithin the radius of sixteen kilometers from theplace where the offence has been committed,by any other registeredmedical practitioner,

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acting at the request of a police officer notbelow the rank of a sub-inspector [or anyother officer acting under his direction andgood faith], to make such an examination ofthe arrested person with use of reasonableforce as required. [2] The registered medicalpractitioner conducting such examination hasto examine such person without any delay andprepare a report of his examination giving thefollowing particulars, namely the name, ageand address of the accused, brought bywhom, injury over the body, if any withcomplete description of all the materials takenfrom the body of accused examined for furtherinvestigations. [3] The report should preciselystate all the reasons for each conclusionarrived at. [4] The exact time ofcommencement and completion of theexaminationshould be noted in the report. [5]The report should be forward, without delay tothe investigatingofficer, who shall forward it tothe Magistrate.

4. Section 54 of the principal act has beenrenumbered as sub-section [1] and sub- 6.section [2] has been introduced which statesthat where an examinationis made under sub­section (1), a copy of the report of suchexamination is to be furnished by theregisteredmedical practitioner to the arrestedperson or the person nominated by sucharrestedperson.

5. A newSection 164- [A] has been introducedregarding medical examination of victim ofrape. According to it, [1] when duringinvestigation,medical examinationof victim ofrape/ attempted rape is to be done, suchexamination shall be conducted by aregisteredmedical practitioner employed in ahospital run by the Government or a localauthority and in the absence of such apractitioner, by any other registered medicalpractitioner, with the consent of such womanor of a person competent to give suchconsent on her behalf and such womanshould be sent to a registered medicalpractitioner within twenty-four hours from thetime of receivingthe information relating to thecommission of such offence: [2] Theregisteredmedical practitioner, to whom such

Agarwal et al : Recent changes in Cr. P. C. & I.P.C.

woman is sent, should examine her, withoutany delay and prepare a report of herexamination giving the following particulars,namely the name, age and address of thewoman, brought by whom, injuries over thebody, general mental condition of the femalewith detailed description of all materials takenfor investigation. [3] The report shouldprecisely state all the reasons for eachconclusion arrived at. [4] The report shallspecifically record that the consent of thewoman or of the person competent to givesuch consent on her behalf to suchexaminationhad been obtained. [5] The exacttime of commencement and completion of theexamination shall also be noted in the report.[6] The report should be forward, withoutdelay to the investigating officer, who shallforward it to the Magistrate. [7] Nothing in thissection shall be construed as rendering lawfulany examination without the consent of thewoman or of any person competent to givesuch consent on her behalf.An amendment has been done in Section176 where in SUb-section (1), the words"where any person dies while in the.custody ofthe police or" is omitted. A new subsection 1-A, has been included where (a) any persondies or disappears, or (b) rape is alleged tohave been committed on any woman, whilesuch person or woman is in the custody of thepolice or in any other custody authorized bythe Magistrateor the court, under this Code inaddition to the inquiry or investigation held bythe police, an inquiry shall be held by theJudicial Magistrate or the MetropolitanMagistrate, as the case may be, within whoselocal jurisdiction the offence has' beencommitted. A new insertion has been madeafter sub-section (4) before the Explanation.Itstates that (5) The Judicial Magistrate or theMetropolitan Magistrate or ExecutiveMagistrate or police officer holding an inquiryor investigation, as the case may be, undersub-section (1-A) shall, within twenty-fourhours of the death of a person, forward thebody with a view to its being examinedto thenearest Civil Surgeon or other qualifiedmedical personappointed in this behalf by the

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J Indian Acad Forensic Med, 30(3)

State Government,unless it is not possible to doso for reasonsto be recorded in writing.

Changesproposed in Indian Penal Code,1860

The amendment bill, 2006 has followingpropositions and is to be passed in theparliament.Certain sections have a direct bearingon rnedical practitioners and only those are listedbelow':

1. In Section 304 [punishment for culpablehomicide not amounting to murder], a newprovision has been made, namely:-"Provided that if death is caused to a girl or awoman, the accused committing suchhomicide shall be punishedwith imprisonmentfor whole life and shall also be liable for finewhich may extend to two lakh rupees.

2. In sub-section (2) of Section 304-8[definition and punishment for dowry death],for the' words "seven years" the words "tenyears" shall be substituted thereby increasingthe punishmentfor dowry deaths.

3.. In Section 312 [punishment for causingmiscarriagenot in good faith to save the life ofwoman with her consent], before theexplanation the following provision shall beinserted, namely:- "Provided that if themiscarriage is of a female foetus caused aftera sex determination test, the person or thepregnant woman, as the case may be,causing miscarriage of such' female foetusshall be punished with rigorous imprisonmentwhich.shall not be less than seven years butmay extend to imprisonment for life and shallalso be liable to fine which may extend to onelakh rupees.

4. In Section 313 [punishment for causingmiscarriagenot in good faith to save the life ofwoman without her consent], the followingprovisionshall be added, namely- Provided ifa miscarriage of a female foetus is causedafter pre-natal sex determination test, theaccused shall be punished with imprisonmentfor life and shall also be liable to fine whichmay extend to two lakh rupees.

5. In Section314 [punishment for causing deathof woman by an act done with intent to cause

miscarriage], for the words "imprisonment ofeither description for a term which may extendto ten years and shall also be liable to fine"the words "rigorous imprisonment which shallnot be less than ten years and shall also beliable to fine which may extend to two lakhrupees" shall be substituted. Also before theexplanation the following provision shall beinserted, namely:- "Provided that if themiscarriage is caused after conducting a pre­natal sex determination test of the foetusconfirming it to be a female foetus, the personcausing the miscarriage shall be punishedwith rigorous imprisonment for life and shallalso be liable to fine which may extend to twolakh rupees.

6. In Section 315 [punishment for doing an actwith intent to prevent a child being born aliveor die soon after birth], original section has tobe renumberedas sub-section (1) thereof andthe following sub-section shall be inserted,namely:- (2) If the offence referred to in sub­section (1) is committed after conducting apre natal sex determination test confirming afemale foetus, the person committing such anoffence shall be punished with rigorousimprisonment for life and shall also be liable tofine which may extend to two lakh rupees.

7. In Section 316 [punishment for causing deathof a quick unborn child by an act amountingto culpable homicide], original section shall bere-numbered as sub-section (1) thereof andthe following sub-section shall be inserted,namely:- (2) If the offence referred to in sub­section (1) is committed after conducting asex determination test confirming that thequick unborn child is female child, the persondoing such as act shall be punished withrigorous imprisonment for life and shall alsobe liable to fine which may extend to one lakhrupees.

8. In Section 317 [punishment for exposing andabandoning a child under 12 years of age byparents or person having care of it], originalsection shall be re-numbered as sub-section(1) thereof and the following sub-section shallbe inserted, namely:- (2) If the child soexposed or abandoned is a girl child, theperson doing so shall be punished withrigorous imprisonment for term which may

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extend to ten years and shall also be liable tofine which may extend to one lakh rupees.

9. In Section 318 [punishment for concealmentof birth by secret disposal of body], originalsection shall be re-numbered as sub-section(1) thereof the following sub-section shall beinserted, namely: - (2) If the child whose deadbody is so disposed of is of a girl child theperson committing such offence shall bepunished with rigorous imprisonment for aterm which may extend to five years and shallalso be liable to fine which may extend to fiftythousand, rupees.

10. In Section 376 [punishment for rape], aftersub-section (2), the following sub-sectionsshall be inserted, namely: - (3)

Agarwal et al : Recent changes in Cr. P. C. & I.P.C.

Notwithstanding anything contained in sub­section (2) whoever commits rape on awoman when she is under ten years of ageshall be punished with death and (4)Whoevercommits incestuous rape on a woman shall bepunishedwith death.

References1. The Code of Criminal Procedure [amendment]

Act, 2005 [No. 25 of 2005] dated June 23,2005.

2. The Indian Penal Code [Amendment] Bill,2006 [bill no. XXXI of 2006].

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