Section 22
Examination Of Injury
(1) If any person sustains any injury,
wound, bruise, abrasion etc. on his or her body in an incident that
happened because of hurt and makes application for the examination
of injury or the investigating authority so requests, the government
doctor or health worker shall examine his or her injury, wound,
bruise, abrasion etc. and prepare a report of such examination in the
form referred to in Schedule-16.
(2) If, in addition to that mentioned in sub-section (1), a
person held in detention in the course of investigation or any other
person on his or her behalf makes an application, accompanied by
the reasonable ground, stating that evidence may be found, upon the
examination of his or her body, that he or she has been subjected to
hurt or torture or any other offence has been committed to him or
her, the court may order that physical examination of such person be
conducted by a government doctor or a doctor or health worker
designated by the Government of Nepal.
(3) Even in conducting physical examination pursuant to
sub-section (2), injury examination referred to in sub-section (1)
shall also be conducted.
(4) The concerned doctor, expert or laboratory shall provide
a report of examination conducted pursuant to Sections 20, 21 and
this Section to the concerned office or investigating authority not
later than three days after the date of such examination, excluding
the time required for journey.
(5) If it appears that a person held in detention was
subjected to hurt or torture as referred to in sub-section (2), the court
shall order the concerned police office to have treatment of the
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person so subjected to hurt or torture, provide an interim relief to him
or her and take, in accordance with law, departmental action against
the person who so subjected him or her to hurt or torture.
(6) If the investigating authority does not write to the
government doctor or health worker for the examination of injury
pursuant to sub-section (1), the concerned person may make a
petition explaining that matter to the court, and the court may, if such
petition is made, send a precept to the government doctor or health
worker for such examination.
wound, bruise, abrasion etc. on his or her body in an incident that
happened because of hurt and makes application for the examination
of injury or the investigating authority so requests, the government
doctor or health worker shall examine his or her injury, wound,
bruise, abrasion etc. and prepare a report of such examination in the
form referred to in Schedule-16.
(2) If, in addition to that mentioned in sub-section (1), a
person held in detention in the course of investigation or any other
person on his or her behalf makes an application, accompanied by
the reasonable ground, stating that evidence may be found, upon the
examination of his or her body, that he or she has been subjected to
hurt or torture or any other offence has been committed to him or
her, the court may order that physical examination of such person be
conducted by a government doctor or a doctor or health worker
designated by the Government of Nepal.
(3) Even in conducting physical examination pursuant to
sub-section (2), injury examination referred to in sub-section (1)
shall also be conducted.
(4) The concerned doctor, expert or laboratory shall provide
a report of examination conducted pursuant to Sections 20, 21 and
this Section to the concerned office or investigating authority not
later than three days after the date of such examination, excluding
the time required for journey.
(5) If it appears that a person held in detention was
subjected to hurt or torture as referred to in sub-section (2), the court
shall order the concerned police office to have treatment of the
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person so subjected to hurt or torture, provide an interim relief to him
or her and take, in accordance with law, departmental action against
the person who so subjected him or her to hurt or torture.
(6) If the investigating authority does not write to the
government doctor or health worker for the examination of injury
pursuant to sub-section (1), the concerned person may make a
petition explaining that matter to the court, and the court may, if such
petition is made, send a precept to the government doctor or health
worker for such examination.