Search of arrested person
Chapter 5: Arrest of persons
(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 46No unnecessary restraintCrPC 49
- 47Person arrested to be informed of grounds of arrest and of right to bailCrPC 50
- 48Obligation of person making arrest to inform about arrest, etc., to relative or friendCrPC 50A
- 50Power to seize offensive weaponsCrPC 52
- 51Examination of accused by medical practitioner at request of police officerCrPC 53
- 52Examination of person accused of rape by medical practitionerCrPC 53A