Question

Police may carry out personal search on an arrested person,

• A. U/s. 49 Cr.PC
• B. U/s. 50 Cr.PC
• C. U/s. 51 Cr.PC
• D. U/s. 52 Cr.PC

Hint:

Remember the sequence of events after an arrest: The police inform the person of the grounds (Sec 50), then they can search the person (Sec 51), and seize any weapons found (Sec 52). This logical flow helps in recalling the correct sections.

Answer 1

The Correct Option is C

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.