Medical Examination Order
Definition
Under the Bharatiya Nagarik Suraksha Sanhita 2023, a court or magistrate may direct that an accused person be examined by a registered medical practitioner where the examination may afford evidence relevant to the offence charged. The practitioner issues a signed certificate of examination.
- Governing law
- Bharatiya Nagarik Suraksha Sanhita 2023
- Who can order it
- Court or magistrate
- Output document
- Signed certificate of examination
- Jurisdiction
- India
Common questions
How does a medical examination order under BNSS differ from a routine hospital exam?+
The order is issued by judicial authority specifically because the examination findings may be relevant evidence in a criminal case, so the practitioner's resulting certificate becomes a formal court document rather than an ordinary clinical record.
Can an accused refuse a court-ordered medical examination in India?+
The BNSS framework empowers the court or magistrate to direct such an examination, and the practitioner is authorised to use reasonable force as necessary for the examination, which distinguishes it from a purely consent-based clinical procedure.
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