A rape accused can be medically examined even without his consent under which CrPC?
**Core Concept**
The question revolves around the legal framework governing medical examination of a rape accused, specifically the provision that allows such examination without consent. This is a crucial aspect of forensic medicine, where the rights of the accused are balanced against the need to gather evidence in cases of sexual assault.
**Why the Correct Answer is Right**
Section 53 of the Code of Criminal Procedure (CrPC) allows for a medical examination of a rape accused without their consent, as it is essential for the investigation and prosecution of the crime. This provision is based on the understanding that the accused's consent is not necessary for a medical examination in cases of alleged sexual assault, as the examination is conducted to gather evidence and determine whether a crime has been committed. The medical examination may involve a physical examination, collection of bodily fluids (such as blood or semen), and other procedures to obtain evidence.
**Why Each Wrong Option is Incorrect**
**Option A:** Section 45 of the CrPC is incorrect because it deals with the admissibility of medical certificates in court, not the medical examination of a rape accused.
**Option B:** Section 53A of the CrPC is incorrect because it is not a valid section of the CrPC. The correct section is indeed Section 53.
**Option C:** Section 176 of the CrPC is incorrect because it deals with the post-mortem examination of a deceased person, not the medical examination of a rape accused.
**Clinical Pearl / High-Yield Fact**
In cases of alleged sexual assault, it is essential to conduct a thorough medical examination as soon as possible, ideally within 72 hours of the alleged assault. This allows for the collection of relevant evidence and can help establish a timeline of events.
**Correct Answer:** C. Section 53 of the CrPC.