CrPC Section 51 – Search Of Arrested Persons

Arrest under the Code of Criminal Procedure (CrPC), 1973, plays a critical role in maintaining law and order by ensuring that accused individuals are brought to justice. Chapter V of the CrPC outlines the provisions and procedures related to arrest, including powers granted to police officers to arrest individuals with or without a warrant.

Arrest Under CrPC Section 51

Arrest, under the Code of Criminal Procedure (CrPC), 1973, involves the legal restraint of a person's liberty by a law enforcement officer. It is a crucial part of the criminal justice system, enabling the police to take an accused or suspected person into custody to prevent them from fleeing, intimidating witnesses, or tampering with evidence. Chapter V of the CrPC governs arrests. A police officer may arrest a person with a warrant issued by a magistrate.

Importantly, the CrPC also specifies circumstances under which a police officer can arrest a person without a warrant, such as when a cognizable offense has been committed or is suspected to have been committed, or when there is a risk of the person absconding or obstructing justice.

Legislative Framework On Search Of Arrested Persons

Section 51 of the Code of Criminal Procedure (CrPC) empowers a police officer who lawfully arrests a person, either with or without a warrant, to search that person if the offense is non-bailable or if the arrested person cannot furnish bail. The search is conducted to seize articles that may be used as evidence, instruments of crime, or tools for escape. Necessary wearing apparel is generally not seized unless it is relevant to the investigation.

The police officer conducting the search must provide a detailed receipt to the arrested person listing all items taken into possession. If the arrested person is a female, the search must be conducted by another female officer with strict regard for decency.

Importance Of Section 51 Of CrPC

Section 51 of CrPC and Section 49 of BNSS are both crucial parts of criminal law for the following reasons:

1. It protects the fundamental rights of the arrested. Article 21 of the Constitution provides the right to life and personal liberty, and Article 22 deals with protection against arrest and detention, which this provision protects.
2. It ensures that the search of the arrested person is done lawfully and does not violate the person's dignity and privacy.
3. This provision prevents tampering with or destruction of evidence when a person is searched for arrest. It doesn't allow the accused to conceal or destroy any evidence.
4. The search of arrested persons is done in the presence of the witnesses. Complying with this procedural guideline ensures transparency and accountability.
5. Section 51 states that female detained persons shall be searched strictly following decency. This law preserves women's rights and protects them from potential harassment and abuse by police officers.

Procedure For Conducting a Search Of an Arrested Person

The procedure for searching for an arrested person in compliance with CrPC or BNSS is as follows:

1. Arresting authority: The arresting authority is always a police officer or any other person authorised to make the arrest.
2. Timing of the search: The search must be conducted immediately after the arrest or as soon as practicable.
3. Place of arrest search: The search must be conducted at the location of the arrest or the nearest police station. It should be conducted without delay.
4. Objects of search: The purpose of the search is to seize incriminating items, such as stolen goods or weapons, and confiscate dangerous items that the accused person could use to escape or injure others.
5. Considering the arrested person's rights: The person's dignity and privacy must be protected while searching.
6. Witnesses: The search must be conducted in the presence of witnesses, ensuring procedural transparency.
7. Documentation: The search must conclude with the police officer making a seizure memo listing all seized items. The arresting officer, the witnesses, and the arrested person should sign it. The memo should then be submitted to the police station for the record.

Rights Of The Arrested Person

While a police officer is searching section 51 of CrPC, the arrested person has the following rights:

1. Right to privacy and dignity: The search must be conducted with respect for the detained person’s dignity and privacy. This also ensures compliance with fundamental rights given in the Indian Constitution.
2. Right to be informed of the grounds of arrest: The arrested person has the right to know the reasons for the arrest and the search.
3. Right against arbitrary search: The search of arrested persons must be done only if it is necessary and reasonable. The arrested persons have a right against arbitrary search.
4. Right to have witnesses: The search must be conducted in the presence of independent witnesses to ensure transparency.
5. Right to receive seizure memo: The arrested person has a right to receive the seizure memo detailing all the items taken from them during the search.
6. Right against self-incrimination is provided under Article 20 (3) of the Indian Constitution. Any evidence obtained during the search may not be used against him.
7. Right to challenge improper searches: If a search is conducted without following the procedures, the arrested person can challenge its validity in court.

Also Read : Legal rights of arrested Person in India

Challenges Of Section 51 Of CrPC

Section 51 of CrPC has some challenges, such as:

1. Arrested persons are unaware of the rights given under Section 51 of CrPC.
2. In many instances, searches are conducted arbitrarily or excessively, violating the rights of detained persons. This becomes an abuse of power by police officers.
3. The procedure is not enough to deter police officers from abusing the law.
4. In rural areas, there may be no female police officers who can conduct searches of women, which could lead to procedural violations.
5. There can be mishandling of the material collected during the search.
6. Police officers may lack sufficient training in conducting searches as per law.

Case Laws On Section 51 Of CrPC

Here are some relevant case laws on Section 51 of CrPC:

Rabindra Nath Prusty vs. the State of Orissa (1984)

In this case, it was held that it is essential to provide grounds of arrest when a police officer arrests a person. If the police officer does not provide the grounds of arrest and a search is made by the police officer, then the search will be illegal.

Mahadeo vs. State of Maharashtra (1959)

It was held that Section 51 of the Code of Criminal Procedure, 1973, doesn't require the signature of the person being searched. Therefore, the non-signature of the accused on the receipt does not render the search illegal.

State of Punjab vs. Balbir Singh (1994)

The Supreme Court held that failure to follow procedural safeguards during a search of an arrested person can render the evidence admissible. This principle applies to searches conducted under Section 51 of CrPC and searches and seizures under special laws such as NDPS.

Conclusion

The provisions governing arrest and the search of arrested persons under Section 51 of CrPC uphold the principles of justice, transparency, and respect for individual rights. While these provisions aim to prevent tampering with evidence and ensure accountability, challenges such as misuse of power and lack of awareness about rights must be addressed. Effective training for law enforcement and public awareness campaigns are essential to strengthen procedural integrity and protect the rights of all individuals involved.

FAQs

A few FAQs based on Section 51 of CrPC are:

Q1. What are the key provisions for the search of arrested persons under CrPC?

Section 51 of CrPC provides the legal framework for searching arrested persons. It mandates lawful procedures, ensures the dignity of individuals, and includes safeguards like the presence of witnesses and proper documentation.

Q2. Can police search an arrested woman under CrPC?

Yes, under Section 51 of CrPC, the search of an arrested woman must be conducted by a female police officer with due regard to decency and privacy.

Q3. What are the rights of an arrested person during a search?

An arrested person has the right to privacy, dignity, and transparency during a search. They must be informed of the grounds for arrest, receive a seizure memo, and can challenge any improper or arbitrary searches in court.