Search of Arrested person
AI Assist
Summary
When a person is arrested and is not entitled to bail or cannot furnish bail—whether under a warrant, without a warrant, or arrested by a private person and handed to police—the arresting officer (or the police officer who receives the person) may search them. The officer may keep all articles except necessary wearing apparel in safe custody. A receipt must be given for anything seized. A female must be searched only by another female, with strict regard to decency.
Example
Aditya is arrested on a warrant that does not provide for bail and cannot produce bail. The arresting officer searches him, takes his phone and wallet into safe custody, and gives Aditya a receipt for the seized items.
Bare Act
Enacted 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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