What level of force may the medical practitioner use during the examination?

Section 53-A of the Criminal Procedure Code (CrPC) 1898 governs the medical examination of an accused in sexual offence cases under the Pakistan Penal Code (PPC). While conducting the examination, the law allows the medical practitioner to use only reasonable force if necessary. This means that the practitioner can apply sufficient force to safely complete the examination, but it must not be excessive or cause unnecessary harm.

The principle of reasonable force ensures a balance between conducting a thorough medical examination and respecting the rights and dignity of the accused. It protects the accused from abuse while allowing the doctor to collect essential evidence such as injuries, marks, or biological samples. Excessive force could violate human rights and may render the evidence inadmissible in court, while no force at all may prevent the examination from being completed properly.

The application of reasonable force must be guided by professional standards and medical ethics. The medical practitioner is required to act responsibly, ensuring that the procedure is done safely and lawfully, while also preserving the integrity of the medical report for legal proceedings. This careful balance protects both the accused and the legal process, ensuring justice is served fairly and scientifically.

Key Facts:

• Relevant Law: Section 53-A of the Criminal Procedure Code (CrPC) 1898


• Permissible Force: Only reasonable force may be used during the medical examination


• Purpose: To safely complete examination while respecting the rights of the accused


• Legal Importance: Ensures the medical evidence is admissible in court


• Guidelines: Practitioner must follow professional and ethical standards


• Objective: Protects both accused and integrity of investigation


• Applicable Cases: Sexual offences under Sections 376, 377, and 377-B PPC