Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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22.

Under section 53A of C.R.P.C., when a person is arrested on the charge of committing rape, the arrestee may be examined by a registered medical practitioner other than a registered medical practitioner employed in a hospital run by the Government or by a local authority when the later is not available within a radius of sixteen kilometers from the place :

A: Where the offence has been committed
B: Where the arrest was made
C: Where the nearest police station is situated
D: Where the nearest court is situated.

The answer is: A

Explanation

The correct option is A: Where the offence has been committed.

According to Section 53A of the Code of Criminal Procedure (CrPC), when a person is arrested on a charge of committing rape or an attempt to commit rape, the arrestee may be examined by a registered medical practitioner employed in a hospital run by the Government or by a local authority.

However, in the absence of such a practitioner within a radius of sixteen kilometers from the place where the offence has been committed, any other registered medical practitioner can conduct the examination, acting at the request of a police officer not below the rank of a sub-inspector. The purpose of the examination is to obtain evidence that may support or refute the charges.

The place where the offence has been committed is relevant because it may have traces of the crime scene or the victim's injuries that can be used as evidence.