What Is BNSS Section 49?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 49: Search of Arrested Person

(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 the police officer to whom the arrested person is handed over, may search the arrested person and place in safe custody all items found on them except necessary clothing. If any items are seized, the police must provide the arrested person with a receipt listing the items taken.

(2) If the arrested person is a female, the search must be conducted by another female with strict regard to decency.

Brefe Detail

Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the conditions under which an arrested person may be searched. It specifies that searches can occur when a person is arrested under certain conditions related to bail. The section mandates that any items seized during the search must be documented with a receipt. Additionally, it requires that searches of female individuals be conducted by another female officer to ensure decency.

Question & Answers

Q1: Under what conditions can a police officer search an arrested person?

A1: A police officer can search an arrested person if they are arrested under a warrant that does not allow bail or if they are unable to furnish bail.

Q2: What must happen to items seized from the arrested person?

A2: Any items seized must be placed in safe custody, and the police must provide the arrested person with a receipt listing the items taken.

Q3: How should the search of a female arrested person be conducted?

A3: The search of a female must be conducted by another female, ensuring strict regard for decency.

Q4: What happens if the arrested person is unable to be admitted to bail?

A4: If the arrested person cannot be legally admitted to bail, they can be searched, and items found on them may be taken into custody.

Example

- Example 1: If a person is arrested under a warrant that does not allow for bail, the arresting officer can search them and keep any items found, excluding necessary clothing.

- Example 2: In the case of a female being arrested, another female officer must conduct the search to maintain decency.

- Example 3: If items are seized from an arrested person, the police are required to give them a receipt for those items.

Summary

Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides guidelines for searching arrested persons under specific conditions related to bail. It ensures that any seized items are documented and mandates that searches of females are performed by female officers to respect decency.