Police may carry out personal search on an arrested person,
Show Hint
- U/s. 49 Cr.PC
- U/s. 50 Cr.PC
- U/s. 51 Cr.PC
- U/s. 52 Cr.PC
The Correct Option is C
Solution and Explanation
Step 1: Understanding the Concept:
The question asks for the specific section in the Code of Criminal Procedure, 1973, that authorizes the police to search an arrested person.
Step 2: Detailed Explanation:
Chapter V of the CrPC deals with the "Arrest of Persons." The sections in this chapter lay down the procedure and rights related to arrest.
- Section 49 deals with the rule that no unnecessary restraint should be used on an arrested person.
- Section 50 deals with the obligation of the police officer to inform the arrested person of the grounds of arrest and their right to bail.
- Section 51 is titled "Search of arrested person." This section provides that whenever a person is arrested by a police officer under a warrant which does not provide for bail, or under a warrant which provides for bail but the person cannot furnish it, or is arrested without a warrant, the officer making the arrest may search such person and place in safe custody all articles, other than necessary wearing-apparel, found upon him.
- Section 52 deals with the power to seize offensive weapons from an arrested person.
The direct authority for a personal search of the arrested person is Section 51.
Step 3: Final Answer:
The police may carry out a personal search on an arrested person under Section 51 of the CrPC.
Top Questions on Criminal Procedure
Having heard the learned Counsels for the parties, and on perusal of the ma terial on record, the primary issue which arises for consideration of this Court is ”whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?” [...] A careful consideration of the statutory provisions and the aforesaid decisions of this Court clarify the now-well settled position of jurisprudence of Section 362 of CrPC which when summarized would be that the criminal courts, as envisaged under the CrPC, are barred from altering or reviewing in their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable. Despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar. It also stands clarified that it is only in situations wherein an application for recall of an order or judgment seeking a procedural review that the bar would not apply and not a substantive review where the bar as contained in Section 362 CrPC is attracted. Numerous decisions of this Court have also elaborated that the bar under said provision is to be applied stricto sensu.
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