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Section 49 - The Bharatiya Nagarik Suraksha Sanhita, 2023
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, 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.
Related Sections
- Section 62: Arrest to be made strictly according to Sanhita
- Section Form No.42: Warrant after a Commutation of a Sentence
- Section 90: Issue of warrant in lieu of, or in addition to, summons
- Section Form No.48: Warrant to Discharge a Person Imprisoned on Failure to give Security
- Section 406: Court of Session to send copy of finding and sentence to District Magistrate