Chapter V
Section 52 CrPC: Power to seize offensive weapons
New Law Update (2024)
Section 62 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
Important Sub-Sections Explained
Landmark Judgements
Ram Kishan v. The State of Uttar Pradesh, AIR 1955 SC 104:
The Supreme Court, while interpreting similar provisions of the old Criminal Procedure Code, affirmed the power of a police officer to search an arrested person and seize articles found on him, establishing a fundamental principle for searches incident to arrest.
State of Bihar v. Md. Jabbar, (1995) 2 SCC 108:
This judgment, though broader in scope, reinforces the general powers of police to search and seize articles, including weapons, from an arrested person, particularly if such articles are relevant to the commission of the crime or pose a threat.