Case Note & Summary
The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the constitutional validity of Section 53-A of the Code of Criminal Procedure, 1973 (CrPC) and seeking quashing of a police notice dated 18.10.2014 issued by the Deputy Superintendent of Police, CID, Bangalore, calling upon him to appear for medical examination at Victoria Hospital. The petitioner was arrested on a charge of committing an offence of rape or attempt to commit rape, and the police believed that medical examination would afford evidence. The petitioner contended that Section 53-A violates Article 20(3) (right against self-incrimination) and Article 21 (right to privacy) of the Constitution. The court examined the scope of Section 53-A, which was inserted by Act No.25 of 2005 with effect from 23.06.2006, and analyzed whether compulsory medical examination amounts to testimonial compulsion. The court held that medical examination of the body does not involve oral or documentary evidence and thus does not attract Article 20(3). Regarding Article 21, the court held that the right to privacy is not absolute and that compulsory medical examination for the purpose of evidence in a criminal case is a reasonable restriction in the interest of justice. The court also noted that the impugned notice was issued in accordance with law and did not suffer from any infirmity. Consequently, the court dismissed the writ petition, upholding the constitutional validity of Section 53-A CrPC and the validity of the notice.
Headnote
A) Constitutional Law - Right against Self-Incrimination - Section 53-A CrPC - Article 20(3) of Constitution of India - Medical examination of accused in rape cases does not amount to testimonial compulsion as it involves examination of the body, not oral or documentary evidence - Held that Section 53-A is not violative of Article 20(3) (Paras 5-10). B) Constitutional Law - Right to Privacy - Section 53-A CrPC - Article 21 of Constitution of India - Compulsory medical examination of accused for evidence collection is a reasonable restriction in the interest of justice and does not violate right to privacy - Held that Section 53-A is constitutionally valid (Paras 11-15). C) Criminal Procedure - Medical Examination of Accused - Section 53-A CrPC - Notice for medical examination - Police notice requiring accused to appear for medical examination is valid and not arbitrary - Held that the impugned notice dated 18.10.2014 does not warrant interference (Paras 16-18).
Issue of Consideration
Whether Section 53-A of the Code of Criminal Procedure, 1973 is unconstitutional and ultra vires the Constitution of India, and whether the impugned police notice dated 18.10.2014 issued under the said provision is liable to be quashed.
Final Decision
The writ petition is dismissed. The constitutional validity of Section 53-A of the Code of Criminal Procedure, 1973 is upheld. The impugned notice dated 18.10.2014 is held to be valid and not liable to be quashed.
Law Points
- Constitutional validity of Section 53-A CrPC
- Medical examination of accused in rape cases
- Right against self-incrimination under Article 20(3)
- Right to privacy under Article 21
- Compulsion for medical examination not testimonial compulsion
