Section 202 CrPC: Examination Of Accused By Medical Practitioner

Section 202 CrPC: Examination of Accused by Medical Practitioner

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Introduction

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Section 202 CrPC: Examination of Accused by Medical Practitioner

Introduction

Section 202 of the Code of Criminal Procedure (CrPC) empowers the court to order the examination of an accused person by a medical practitioner in certain circumstances. This provision plays a crucial role in ensuring the fair trial of accused persons and safeguarding their physical and mental well-being during the course of criminal proceedings.

Scope and Applicability of Section 202 CrPC

Section 202 CrPC can be invoked in two distinct situations:

1. Physical Fitness: When the court has reason to believe that the accused person is not of sound mind or is otherwise unfit to stand trial, it may order a medical examination to assess their physical and mental fitness.
2. Age Determination: If the court is unable to ascertain the age of the accused person from the available evidence, it may direct a medical examination to determine their approximate age.

Procedure for Examination

1. Order of Examination: The court must first record its reasons for ordering the examination and specify the purpose (i.e., fitness or age determination).
2. Selection of Medical Practitioner: The court typically appoints a qualified medical practitioner from the government hospital or a private hospital recognized by the court.
3. Examination: The medical practitioner examines the accused person and prepares a report containing their findings and opinions.
4. Submission of Report: The report is submitted to the court, which considers its contents and makes a determination based on the medical evidence.

Fitness for Trial

If the medical examination reveals that the accused person is not of sound mind or is otherwise unfit to stand trial, the court may take the following actions:

• Postponement of Trial: The trial may be postponed until the accused person regains fitness.
• Suspension of Proceedings: The proceedings may be suspended if the accused person is unlikely to recover fitness within a reasonable time.
• Commitment to Mental Hospital: In extreme cases, the accused person may be committed to a mental hospital for treatment and observation.

Age Determination

If the medical examination reveals the accused person’s approximate age, the court will use this information to determine whether the accused person is eligible for juvenile justice proceedings or other age-related considerations.

Protection of Accused Rights

Section 202 CrPC ensures the protection of the accused person’s rights in several ways:

• Right to be Present: The accused person has the right to be present during the medical examination and to consult with a medical practitioner of their choice.
• Right to Copies: The accused person is entitled to receive copies of the medical report and any other documents related to the examination.
• Right to Cross-Examination: The accused person can cross-examine the medical practitioner who conducted the examination.
• Right to Impeachment: The accused person can challenge the accuracy and reliability of the medical report by calling their own medical experts.

Case Laws and Judicial Interpretation

Indian courts have interpreted Section 202 CrPC in various cases, emphasizing its importance in safeguarding the rights of accused persons.

• In Mohd. Akram v. State of U.P., the Supreme Court held that a medical examination under Section 202 CrPC is not mandatory but is a discretionary power of the court to be exercised in appropriate cases.
• In State of Maharashtra v. Prafulla Samant, the Supreme Court emphasized the need for a fair and impartial medical examination, conducted by a qualified medical practitioner who is not biased against the accused person.
• In Jagdish Singh v. State of Punjab, the Punjab and Haryana High Court held that the medical report under Section 202 CrPC is not conclusive evidence but can be considered along with other evidence in determining the fitness of the accused person.

Conclusion

Section 202 CrPC is a vital provision that empowers the court to order the medical examination of accused persons to determine their fitness for trial or age. By providing safeguards for the accused person’s rights, this provision ensures that the criminal justice system operates fairly and protects the well-being of those who come into contact with it.

Closure

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