Code
(1) Whenever 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
whenever 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.
Explanation
Section 51 CrPC empowers a police officer to search an arrested person and their belongings for evidence or items that may be concealed or destroyed. This power is exercised to ensure a fair trial and prevent the tampering of evidence.
The search must be conducted under the following conditions:
- The person must be under arrest.
- The search must be for evidence or items likely to be concealed or destroyed.
- The officer must have reasonable grounds to believe that the items sought are present.
Illustration
Consider a case where a person is arrested for theft. The police officer may search the arrested person and their bag for stolen goods or any other object that could be used as evidence in the case. If the officer finds a stolen item, it can be seized as evidence.
Common Questions and Answers
Q1: Can the police search me without an arrest warrant?
A: Yes, under Section 51 CrPC, police officers can search you without a warrant if you are arrested.
Q2: What if I refuse to be searched?
A: You have the right to refuse to be searched. However, the officer can still search you if they have reasonable grounds to believe that you are concealing evidence or items that may be destroyed.
Q3: What if the police find something illegal during the search?
A: If the police find anything illegal during the search, it can be seized as evidence. You may be charged with an offense related to the item found.
Q4: Can I complain about an illegal search?
A: Yes, you can complain to a higher authority or file a legal challenge if you believe that the search was illegal.
