BNSS 49 — Search of arrested person.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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