(1) Whenever,— (i) 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 (ii) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 49
Search of arrested person
⚡ Quick Answer Reference: Section 49 BNSS
- Provision: Section 49 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: When a person is arrested without bail, the police can search them and keep any items found, except for necessary clothing, and give a receipt for seized items.
What does Section 49 of BNSS say?
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What does Section 49 of BNSS mean?
Plain English Explanation
When a person is arrested without bail, the police can search them and keep any items found, except for necessary clothing, and give a receipt for seized items.
Practical Interpretation
This section allows police to search arrested individuals who cannot furnish bail, ensuring they do not possess items that could be used to harm themselves or others, and provides a procedure for handling seized items.
Core Legal Purpose
The core purpose is to provide a legal framework for the search of arrested persons under specific conditions, balancing individual rights with the need for public safety and order.
- •The person must be arrested by a police officer under a warrant that does not provide for bail, or under a warrant that provides for bail but the person cannot furnish it.
- •The person must be arrested without a warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.
- •The search must be conducted with strict regard to decency, especially when the person to be searched is a female.
- •The key exception is that necessary wearing-apparel is not to be seized from the arrested person.
Practical Example of Section 49 BNSS
Rajesh is arrested by the police without a warrant for a crime and cannot furnish bail. The police officer searches Rajesh and finds a knife and a mobile phone on him. The officer seizes these items, gives Rajesh a receipt for them, and places them in safe custody. If Rajesh were a female, say Priya, the search would have to be conducted by another female with strict regard to decency.
Frequently Asked Questions about Section 49 BNSS
Q: What is the punishment or consequence under Section 49 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both, as it mentions arrest by a police officer or by a private person under a warrant.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the bailability or cognizability of an offence but rather with the procedure for searching an arrested person.
Common Questions about Section 49 BNSS
What is Section 49 of BNSS?
Section 49 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Search of arrested person". In plain terms: When a person is arrested without bail, the police can search them and keep any items found, except for necessary clothing, and give a receipt for seized items.
What is the punishment under Section 49 of BNSS?
Section 49 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 49 of BNSS bailable or non-bailable?
Whether Section 49 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 49 of BNSS?
The essential elements of Section 49 of BNSS are: The person must be arrested by a police officer under a warrant that does not provide for bail, or under a warrant that provides for bail but the person cannot furnish it.; The person must be arrested without a warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.; The search must be conducted with strict regard to decency, especially when the person to be searched is a female..
Landmark Judgments under Section 49 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 49
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