Section 51 (1) of the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) pertains to the examination of an accused individual by a medical practitioner upon the request of a police officer.

It says that when a person is apprehended on suspicion of having committed an offence that suggests there are valid grounds to believe a medical examination could provide evidence related to the crime, it is permissible for a registered medical practitioner, responding to any police officer's request, along with any individual assisting in good faith and under their guidance, to conduct a medical examination of the arrested person as necessary to gather relevant facts that may serve as evidence. This examination may involve using reasonable force, if needed, to achieve this objective.

Previously, the section 53 of the CrPC (Criminal Procedure Code, 1973) specified that only police officers holding the rank of Sub-Inspector (SI) or higher were authorized to request a registered medical practitioner to perform a medical examination on the accused in connection with a crime.

This has led to questions among many police officers and other professionals regarding whether a constable qualifies as a police officer and if they have the authority to request a registered medical practitioner to carry out a medical examination on an accused individual related to a criminal case.

If a doctor declines to conduct a medical examination of an accused individual referred by a constable on the grounds that a constable is not a police officer, which legal section or rule should be cited to the doctor?

The Police Act, 1861:

The contents of Section 7 of the Police Act, 1861 under the heading “Appointment, dismissal, etc. of inferior police officers” may be described as follows:

Authority and Scope:
Subject to the provisions of article 311 of the Constitution, and in accordance with rules set by the State Government from time to time, the Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General, and District Superintendents of Police possess the authority to terminate, suspend, or demote any police officer in the lower ranks. This action can be taken if they find the officer remiss or negligent in the discharge of duty, or unfit for the same.

Punishment for Negligence:
These authorities may also impose specific punishments on any police-officer of the subordinate ranks who discharges their duties in a careless or negligent manner, or who, by any act of their own, render themselves unfit for duty. The punishments include fines, confinement, deprivation of good-conduct pay, and removal from any office of distinction or special emolument.

Types of Punishments:
The specific punishments that can be awarded are: (a) a fine not exceeding one month's pay; (b) confinement to quarters for a term not exceeding fifteen days, with or without punishment-drill, extra guard, fatigue, or other duties; (c) deprivation of good-conduct pay; and (d) removal from any office of distinction or special emolument.

Comments:
The appointment, dismissal, and other disciplinary actions of police-officers of subordinate ranks, such as inspectors, sub-inspectors, assistant sub-inspectors, and constables, are governed by the rules made under article 311 of the Constitution of India.

From the Comments section of Section 7 of the Police Act, 1861, it is evident that a constable is a police officer.

Police Regulations Bengal, 1943, Volume-I:
Also, in Chapter 1 (Reg. 1 to 12) under the heading Organisation vide Section 1. [S. 12, Act V, 1861.] (ii) of the Police Regulations Bengal, 1943, Volume-I, it is noted that the word “officers” includes men.

Police Regulations Bengal, 1943, Volume-II:
Further, a constable has been shown as a police officer in the table showing all ranks of police officers in order of precedence, “Appendix I, Regulation 8” in the Police Regulations Bengal, 1943, Volume-II.

The Calcutta Police Act, 1866:
As stated in Section 13 of the Calcutta Police Act of 1866, every individual joining the police force will receive a certificate upon their enrolment. This certificate, signed by the Commissioner of Police, grants them the authority, responsibilities, and rights of a police officer. The certificate will become invalid if the individual named in it is suspended, dismissed, or removed from their position in the force.

The Calcutta Suburban Police Act, 1866:
As per Section 8 of the Calcutta Suburban Police Act of 1866, the term "Police-officer" refers to any member of the Calcutta Police force. This encompasses the Commissioner of Police, Additional Commissioner of Police, Joint Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, and Assistant Commissioner of Police.

Conclusion:
Hence, it is clear that a constable may be considered a police officer in the eyes of law according to Comments in Section 7 of the Police Act, 1861, Section 13 of the Calcutta Police Act, 1866, Section 8 of the Calcutta Suburban Police Act, 1866, as per the table showing all ranks of police officers in order of precedence, “Appendix I, Regulation 8” in the Police Regulations Bengal, 1943, Volume-II, and also according to Chapter 1 (Reg. 1 to 12) under the heading Organisation vide Section 1 (ii), in the Interpretations portion of the Police Regulations Bengal, 1943, Volume-I. In the Police Acts of various Indian states too, the police constable is recognized as a police officer.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565