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Your rights

Do I have the right to medical examination after arrest?

Short answer

Yes. You have the right to be medically examined at the time of arrest. This protects against custodial torture claims.

Understanding the issue

Under BNSS Section 53 and D.K. Basu guidelines, every arrested person has the right to be medically examined at the time of arrest. This examination serves two purposes: it documents your physical condition at the time of arrest (protecting against false torture claims) and it ensures that any injuries you have are recorded. The medical examination must be conducted by a trained doctor. Major and minor injuries must be recorded. If you are injured during custody, subsequent medical examinations can prove custodial violence. Always insist on your right to medical examination at the time of arrest.

Laws that apply

  • BNSS Section 53 — Medical examination of arrested person
  • D.K. Basu v. State of West Bengal (1997) — Medical examination guidelines