Section 49 of The Bharatiya Nagarik Suraksha Sanhita, 2023
- (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.
Summary
- Police may search an arrested person if they cannot provide bail or were arrested without a warrant.
- Officers must place all items found, except necessary clothing, into safe custody.
- A receipt must be provided to the arrested person for any items seized during the search.
- Searches of females must be conducted by another female with strict regard for decency.
Practical examples
FAQ
1. Can a police officer take a person's clothing during a search?
No, the law explicitly excludes necessary wearing-apparel from the items that may be taken into safe custody.
2. What must the police provide after seizing items from an arrested person?
The police officer must provide a receipt detailing the articles taken into their possession.
3. Who is authorized to search a female under Section 49?
The search must be made by another female, ensuring strict regard for decency.
4. Does this section apply to arrests made by private persons?
Yes, if a private person makes an arrest, they must hand the individual over to a police officer, who may then conduct the search.
Test yourself
Q1.Under Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the strict rule when a female arrested person needs to be searched?
Q2.Under Section 49 of the 2023 Sanhita, what must the police officer give to the arrested person if any articles are seized from them during a search?
Q3.Under Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is exempted from being seized when an arrested person is searched?
Q4.Under Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in which of the following circumstances is a police search of an arrested person's body legally permitted?