Guidelines for examination of persons brought before and after remand.

  A person may be brought to hospital casualty or Emergency Medicine Department by police personnel before remand by a magistrate, or after remand before admission into jail with a proforma of physical screening of remand prisoner. 

Before remand a person brought by police personnel should be examined only with a requisition by the investigating officer or the magistrate ( if requested by the person to be remanded). This is as per section 53 CrPC and section 54 CrPC respectively.

Section 53 in The Code Of Criminal Procedure, 1973

53. Examination of accused by medical practitioner at the request of police officer.

(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub- inspector,

and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose.

(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 

Section 54 in The Code Of Criminal Procedure, 1973

54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

Explanation.- In section 53 and in section 54," registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956 ) and whose name has been entered in a State Medical Register.

In such cases, when the person is brought to you by police,

1. Make entry of the person's name, age and sex in your OP register.

2.  Write  in your OP slip with the OP number or Patient Identity number, the person's name, age and sex  with date, time and brought by whom.( Police name with number, cadre and station) Also note the requisition received from whom and which station.

3. Ask for any complaints from the patient not from the police. Usually patient gives history of fall even if assaulted. But write patient alleges history of so and so... Write whatever patient says. Don't allow interference by police. If they keep on interfering in the history, request them humbly not to interfere, if they don't listen don't lose temper, just write in the examination that the police personnel is not allowing to examine properly! 

4. Some times that person may be suffering from other ailments like fever or chest pain. Ask relevant questions and document it. Relevant negative history also need to be documented! 

5. Past history of other long term ailments like diabetes mellitus, systemic hypertension, tuberculosis or epilepsy or any surgical interventions need to be documented.

6. Treatment history of any above ailments need to be documented.

7. In general examination, don't just write GC fair, instead write the level of consciousness, orientation, presence of pallor, icterus, pedal edema, clubbing, any signs of alcohol intoxication, vitals ( pulse, blood pressure, spO2, capillary blood glucose if patient is diabetic). Also make a note of height and weight.

8. In systemic examination, in Respiratory system, look for chest wall tenderness, any crepitus, bilateral equal air entry,any added sounds, in Cardiovascular system auscultate Heart sounds, any murmur. ECG in case of known coronary artery disease or chest pain or angina equivalent if any. Per abdomen look whether soft, any tenderness, guarding or rigidity. Auscultate bowel sounds and it includes examination of genitals and  in Central nervous system look for any focal neurological deficit, bilateral pupillary and plantar reflex.

9. Thoroughly look for any visible injuries including covered parts with the consent of the person. List the injuries with type, size and site. If no injuries don't forget to write no visible injuries found during examination. If you don't write, it is implied that you didn't look for injuries.

10. Write down any two personal identification marks. If personal identification marks are mentioned in the requisition, kindly verify, confirm and then write.

11. Write your orders of investigations if any and treatment plan if treated as Out patient. Or admit the person if he needs admission and further evaluation and expert management. Right to admit the person and treat is with you, don't go by the pressure of police personnel. They pressurize us in all possible ways, they even harass us or threaten us. Don't give way, even if pressurized through your higher officials. Be on your stand.

12. Put your signature with date and put a seal with your name,register number and designation.

Make a note in Accident Register or Medico-legal register if patient alleges history of any trauma or assault with list of injuries. A well written Accident Register entry saves us from any allegations if any in future.

In the requisition received, don't forget to write the date and time and OP number and remarks of the examination and sign with your seal and file it in a separate file for future reference.

In this first instance remember that person is just arrested by police and brought before remand and hence not a remand prisoner! So don't fill the proforma of physical screening of remand prisoner before remand by the magistrate. That form needs to be filled just before admission into jail. The time between you write the proforma and admission into jail may vary depending upon the distance between the hospital and the jail where the remand prisoner is to be admitted. Remember anything can happen enroute. So here comes the importance of writing time and place where you see the patient. Situation is different where that form is filled up by a Jail medical officer at that time of admission into jail. 

A person may be brought by police after remand before admission into ja…

[8:33 am, 01/06/2022] Surya Pratibha V: A person may be brought to hospital casualty by police personnel before remand by a magistrate, or after remand before admission into jail with a proforma of physical screening of remand prisoner. 

Before remand a person brought by police personnel should be examined only with a requisition by the investigating officer or the magistrate ( if requested by the person to be remanded). This is as per section 53 CrPC and section 54 CrPC respectively.

Section 53 in The Code Of Criminal Procedure, 1973

53. Examination of accused by medical practitioner at the request of police officer.

(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub- inspector,

and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose.

(2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 

Section 54 in The Code Of Criminal Procedure, 1973

54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice.

Explanation.- In section 53 and in section 54," registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956 ) and whose name has been entered in a State Medical Register.

In such cases, when the person is brought to you by police,

1. Make entry of the person's name, age and sex in your OP register.

2.  Write  in your OP slip with the OP number or Patient Identity number, the person's name, age and sex  with date, time and brought by whom.( Police name with number, cadre and station) Also note the requisition received from whom and which station.

3. Ask for any complaints from the patient not from the police. Usually patient gives history of fall even if assaulted. But write patient alleges history of so and so... Write whatever patient says. Don't allow interference by police. If they keep on interfering in the history, request them humbly not to interfere, if they don't listen don't lose temper, just write in the examination that the police personnel is not allowing to examine properly! 

4. Some times that person may be suffering from other ailments like fever or chest pain. Ask relevant questions and document it. Relevant negative history also need to be documented! 

5. Past history of other long term ailments like diabetes mellitus, systemic hypertension, tuberculosis or epilepsy or any surgical interventions need to be documented.

6. Treatment history of any above ailments need to be documented.

7. In general examination, don't just write GC fair, instead write the level of consciousness, orientation, presence of pallor, icterus, pedal edema, clubbing, any signs of alcohol intoxication, vitals ( pulse, blood pressure, spO2, capillary blood glucose if patient is diabetic). Also make a note of height and weight.

8. In systemic examination, in Respiratory system, look for chest wall tenderness, any crepitus, bilateral equal air entry,any added sounds, in Cardiovascular system auscultate Heart sounds, any murmur. ECG in case of known coronary artery disease or chest pain or angina equivalent if any. Per abdomen look whether soft, any tenderness, guarding or rigidity. Auscultate bowel sounds and it includes examination of genitals and  in Central nervous system look for any focal neurological deficit, bilateral pupillary and plantar reflex.

9. Thoroughly look for any visible injuries including covered parts with the consent of the person. List the injuries with type, size and site. If no injuries don't forget to write no visible injuries found during examination. If you don't write, it is implied that you didn't look for injuries.

10. Write down any two personal identification marks. If personal identification marks are mentioned in the requisition, kindly verify, confirm and then write.

11. Write your orders of investigations if any and treatment plan if treated as Out patient. Or admit the person if he needs admission and further evaluation and expert management. Right to admit the person and treat is with you, don't go by the pressure of police personnel. They pressurize us in all possible ways, they even harass us or threaten us. Don't give way, even if pressurized through your higher officials. Be on your stand.

12. Put your signature with date and put a seal with your name,register number and designation.

Make a note in Accident Register or Medico-legal register if patient alleges history of any trauma or assault with list of injuries. A well written Accident Register entry saves us from any allegations if any in future.

In the requisition received, don't forget to write the date and time and OP number and remarks of the examination and sign with your seal and file it in a separate file for future reference.

In this first instance remember that person is just arrested by police and brought before remand and hence not a remand prisoner! So don't fill the proforma of physical screening of remand prisoner before remand by the magistrate. That form needs to be filled just before admission into jail. The time between you write the proforma and admission into jail may vary depending upon the distance between the hospital and the jail where the remand prisoner is to be admitted. Remember anything can happen enroute. So here comes the importance of writing time and place where you see the patient. Situation is different where that form is filled up by a Jail medical officer at that time of admission into jail. 

A person may be brought by police after remand before admission into jail with a proforma of physical screening of remand prisoner. If you are not a Jail Medical officer, write at the top, the date, time, your OP number, place ( eg. Department of casualty, Government medical College hospital, Thoothukudi) and then fill the form legibly with atmost care without any alterations or corrections. Avoid overwriting, if at all, you strike and write, don't forget to counter with your signature! 

Dr.Surya Pratibha V

Thoothukudi Medical College Hospital.

suryakynita@gmail.com 

9486228034.