Section 49: Search of arrested person
Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure for conducting searches of persons arrested. This provision lays down the circumstances in which a police officer can search an arrested person, balancing the rights of the arrested individual with the law enforcement's requirement to collect incriminating evidence.
- If a person is arrested on a warrant that does not permit bail, or permits bail but the person arrested cannot make it, there is authority for a search.
- If the person is arrested without a warrant, or by a private person under a warrant, and the person is either not liable to be released on bail or cannot furnish sufficient surety, then a search may be conducted. This provision makes sure that people who might be considered a flight risk or a danger are searched appropriately.
The officer arresting him, or to whom he may be handed over, is allowed to search him. In that search the arresting officer will confiscate whatever articles are found upon the person of the arrested man, excluding necessary clothing. Among the things seized and safely kept, include arms, contraband or articles relevant to the offence with which he was arrested. The scope of the search includes only personal effects that are reasonably likely to be pertinent to the inquiry or security of the detained individual.
Any item, while under arrest, which is confiscated in the search process has to be documented, and the arrested individual is entitled to a receipt that would list all the items taken under arrest. The requirement will ensure the process is transparent, and on issues of one's rights during arrest, transparency will be observed, providing a record that may be used in court.
In the event that a female person is taken into custody, the search shall be conducted by a female member. This would be to respect the dignity and privacy of the female arrestee, ensuring the search is conducted in a manner that respects the principles of decency and personal dignity.
It provides specific safeguards to ensure that searches are conducted in a manner that respects the rights and dignity of the arrested person. The provision minimizes the risk of abuse or excessive force, and safeguards the individual's personal property by requiring documentation of seized items and limiting the scope of the search.
The section provides clear guidelines regarding the circumstances under which a search may be conducted and the manner in which it must be carried out. These guidelines help to prevent arbitrary actions by law enforcement officers and establish legal clarity, thus reducing the risk of misuse of authority. The documentation requirement further ensures that law enforcement officers remain accountable for their actions during searches.
It endeavors to promote better public confidence in law enforcement by being transparent and regulated in its search procedure. It helps law enforcement maintain credibility and legitimacy in the way rights are respected and the legal process followed to arrive at a decision, hence making it an accountable and just system.
