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:

The sections from 41 to 60A of the Cr.PC deal with Arrest of Persons and are extremely important. Create a list of these sections and the specific right or procedure each one deals with (e.g., S.41 - When police may arrest without warrant, S.50 - Right to know grounds of arrest, S.51 - Search, S.57 - Cannot be detained for more than 24 hours).

Answer 1

The Correct Option is C

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.