Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 49
Search of arrested person
In one line
BNSS Section 49 deals with search of arrested person and replaces CrPC 51.
Bare act text — BNSS 49
49. Search of arrested person.
(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.
What changed from the CrPC
- CrPC 51 → BNSS 49: No Change except the word "whenever" is excluded from clause (ii) of subsection (1).
Frequently asked
What was BNSS Section 49 in the CrPC?
BNSS Section 49 (Search of arrested person) replaces Section 51 of the Code of Criminal Procedure, 1973. CrPC 51 is now BNSS 49.
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Nearby BNSS sections
- BNSS 44 — Search of place entered by person sought to be arrested
- BNSS 45 — Pursuit of offenders into other jurisdictions
- BNSS 46 — No unnecessary restraint
- BNSS 47 — Person arrested to be informed of grounds of arrest and of right to bail
- BNSS 48 — Obligation of person making arrest to inform about arrest, etc., to relative or friend
- BNSS 50 — Power to seize offensive weapons
- BNSS 51 — Examination of accused by medical practitioner at request of police officer
- BNSS 52 — Examination of person accused of rape by medical practitioner
- BNSS 53 — Examination of arrested person by medical officer
- BNSS 54 — Identification of person arrested