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 Code of Criminal Procedure, 1973, contains specific provisions governing the procedure for arrest and the rights and duties of both the police and the arrested person. This includes the power to search the arrested person.
Step 2: Detailed Explanation:
Let's examine the relevant sections mentioned in the options:
- Section 49 Cr.PC states that an arrested person shall not be subjected to more restraint than is necessary to prevent his escape.
- Section 50 Cr.PC mandates that the police officer must inform the arrested person of the grounds of arrest and the right to bail.
- Section 51 Cr.PC deals with the "Search of arrested person". It empowers a police officer to search a person arrested and to place in safe custody all articles, other than necessary wearing-apparel, found upon him. A receipt showing the articles taken in possession must be given to the arrested person.
- Section 52 Cr.PC gives police the power to seize offensive weapons from an arrested person.
The general power to conduct a personal search is provided under Section 51.
Step 3: Final Answer:
The power of the police to carry out a personal search on an arrested person is provided under Section 51 of the Cr.PC.
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.
(Extracted with edits and revisions from Vikram Bakshi v. RP Khosla 2025 INSC 1020)- CLAT PG - 2026
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