Medical Examination After Arrest in India — Is It Mandatory and What Are Your Rights?

Yes, a medical examination after arrest in India is a legal right — not a courtesy the police can choose to offer or skip.

Under the BNSS (Bharatiya Nagarik Suraksha Sanhita), which replaced the CrPC in July 2024, every arrested person has the right to be medically examined. The applicable provision is in the BNSS (formerly in the CrPC — confirm the exact section number with your lawyer, as citations for this provision must be verified against the current BNSS text). The examination must be conducted by a registered medical officer — not a police officer or a constable.

Who conducts the medical examination after arrest?

A registered medical officer attached to the government conducts the examination. If the arrested person is a woman, the examination must be conducted by — or under the supervision of — a female medical officer. Police personnel cannot conduct or substitute for this examination.

What does the medical examination record?

The examination documents the physical condition of the arrested person at the exact moment of arrest — including any injuries, marks, or wounds already present on the body. This record is the arrested person’s primary legal protection against two opposite risks: false claims that police caused injuries they did not cause, and police denying injuries that were in fact caused during custody. Once it is on record, it is very difficult to alter.

Does this right apply to victims too?

Yes. The right to medical examination is not limited to the accused. In serious offences, the victim also has the right to a medical examination. Both rights exist to ensure the factual record of a case is grounded in documented evidence, not contested oral accounts.

What if the medical examination is denied or skipped?

If the police skip the medical examination or refuse to arrange it, this is a violation of the arrested person’s legal rights. A lawyer should be informed immediately. The omission can be raised before a magistrate at the first production hearing. The earlier this is flagged, the stronger the record.

Quick facts

• Who has the right: Every arrested person — male or female — and victims in serious offences.
• Who conducts it: A registered medical officer (government). For women, a female medical officer must be involved.
• When: At the time of arrest, before the person is placed in custody.
• What it records: Physical condition, existing injuries, marks — anything present at the moment of arrest.
• Governing law: The BNSS (which replaced the CrPC in July 2024). For the exact current section number, verify with a lawyer or the official BNSS text.
• What to do if denied: Inform a lawyer immediately and raise it before the magistrate at first production.

If someone you know has been arrested and this examination was not conducted, connect with a vetted lawyer through Rihai — the earlier you act, the more this can still be put on record.