(2) be medically examined in terms of

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(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person. In Sheela Barse v. State of Maharashtra, the Supreme Court has held that the arrested accused person must be informed by the magistrate about his right to be medically examined in terms of Section 54 of the Code of Criminal Procedure in case he has complaints of physical torture or maltreatment in police custody. The Supreme Court has cautioned the lower courts not to adopt a casual approach to custodian torture.

In Mukesh Kumar v. State, it was held that where an accused sought his medical examination, in case of torture, the procedure adopted by the Magistrate in examining the body of the accused person himself, and then dismissing the application for medical examination holding that on his observation that they were not seen in normal postures, was wholly unwarranted and atrocious.

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