Search of arrested persons
AI Assist
Summary
Police may search a person arrested without bail or who cannot furnish bail, whether arrested under a warrant, without a warrant, or arrested by a private person and handed to police. The officer can seize all articles found on the person except necessary wearing apparel and must give a receipt for seized items. A female must be searched by another female with strict regard to decency.
Example
Priya is arrested under a warrant but cannot furnish bail. The arresting officer searches her, keeps a mobile phone and a pocketknife found on her but leaves her clothes, and gives Priya a receipt for the seized items. Because Priya is female, a female officer conducts the search with due regard to decency.
Bare Act
Enacted text(1) Whenever 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 whenever 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 arrests 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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