Chapter V
Section 51 CrPC: Search of arrested persons
New Law Update (2024)
Section 60 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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. 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.
Important Sub-Sections Explained
Section 51(1)
This sub-section empowers the police officer making an arrest, or to whom an arrested person is handed over, to search the person and seize all articles found, except necessary clothing. Crucially, it mandates that a receipt for all seized articles must be given to the arrested person, ensuring transparency and accountability.
Section 51(2)
This sub-section lays down a specific safeguard for female arrestees, stipulating that whenever a female needs to be searched, it must be conducted by another female with strict regard to decency, upholding privacy and dignity.
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark judgment laid down comprehensive guidelines to be followed by police officers during arrest and detention, emphasizing the protection of human rights and dignity of arrested persons. It implicitly reinforces the need for transparent and documented procedures, including the issuance of receipts for seized articles, during any procedure involving an arrested person.
State of Haryana v. Dinesh Kumar (2008):
This case reiterated and reinforced the guidelines established in D.K. Basu, emphasizing strict adherence to procedural safeguards under the CrPC to prevent custodial violence and ensure the fair treatment of arrested individuals. It underscores the mandatory nature of complying with statutory provisions like Section 51 regarding documentation of seized articles.