ARREST OF PERSONSCentral

Section 51 of The Code of Criminal Procedure, 1973

(1)Whenever 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 whenever 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 can search a person arrested under a warrant if the warrant does not allow for bail or if the person cannot pay it.
This section also allows police or private citizens to search someone arrested without a warrant who cannot legally be admitted to bail.
Any items found during the search, except for necessary clothes, must be put in safe custody by the authorities.
The police officer must provide a written receipt to the arrested person for any article taken from them.
If the person being searched is a woman, only another woman is permitted to perform the search.
The search of a female must be conducted with a strict focus on decency.

Practical examples

1Ramesh is arrested for a crime where the warrant specifically states he cannot be released on bail. The arresting officer searches Ramesh, takes his wallet and keys for safe keeping, and gives him a signed receipt listing these items.

2A police officer arrests a woman named Priya without a warrant for a serious offence. To respect her privacy, the officer calls a female colleague to conduct the search in a private room while ensuring the process is decent and respectful.

FAQ

1. Under Section 51 of the Code of Criminal Procedure, 1973, can the police take my clothes?

No, under Section 51 of the Code of Criminal Procedure, 1973, the police can take articles found on you for safe custody but must leave you with your necessary wearing apparel.

2. Is a receipt required for items taken under Section 51 of the Code of Criminal Procedure, 1973?

Yes, Section 51 of the Code of Criminal Procedure, 1973, mandates that police provide a receipt showing exactly which articles were taken into their possession.

3. Does Section 51 of the Code of Criminal Procedure, 1973, apply if I am already out on bail?

No, Section 51 of the Code of Criminal Procedure, 1973, apply only when a person is arrested and cannot legally be admitted to bail or is unable to furnish it.

Test yourself

Q1.Under Section 51 of the Code of Criminal Procedure, 1973, when is a search of the person permitted?

Q2.Under Section 51 of the Code of Criminal Procedure, 1973, who must perform a search if the arrested person is a woman?

Q3.What must be given to an arrested person if an article is seized under Section 51 of the Code of Criminal Procedure, 1973?

Q4.Which items are excluded from being placed in safe custody under Section 51 of the Code of Criminal Procedure, 1973?

50APreviousSection 50A Obligation of person making arrest to inform about the arrest, etc., to a nominated person.52NextSection 52 Power to seize offensive weapons.

←Section 50A Section 52→