Search of arrested person
Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with search of arrested person. 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; The Act came into force on 01 Jul 2024.
(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.
Section 49, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 51 Search of arrested person Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sanjay Kumar Jain vs State of Delhi
Decided under Code of Criminal Procedure 51, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a woman dies within seven years of marriage in unnatural circumstances and it is established that she was subjected to cruelty or harassment by her husband or his relatives for or in connection with demand for dowry, the husband or relative shall be deemed to have caused her death under Section 304B IPC, even if the exact manner and perpetrator of death cannot be conclusively proved through direct evidence. The prosecution must establish the three ingredients of Section 304B: (1) cruelty or harassment by husband or relatives; (2) such cruelty or harassment was for or in connection with dowry demand; (3) such cruelty or harassment was within seven years of marriage. In cases of circumstantial evidence, all circumstances must be fully proved, conclusive in nature, and form a complete chain excluding every hypothesis except guilt; however, Section 304B provides a substantive offence that does not require the same level of proof as murder under Section 302 IPC.
On this section: Personal search of accused - Court noted that keys should have been found during personal search if accused possessed them
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 49
What have the courts held on Section 49 of the Bharatiya Nagarik Suraksha Sanhita?
Sanjay Kumar Jain vs State of Delhi (16 Dec 2010) is the leading judgment on this section among those set out below, though it was decided under CRPC 51, which this section replaced -- the court never mentioned this Act: Personal search of accused - Court noted that keys should have been found during personal search if accused possessed them.
How do I find court cases under Section 49 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 49, section 49 BNSS, section 49 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sanjay Kumar Jain vs State of Delhi (16 Dec 2010).
What should I read with Section 49 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 51 (Search of arrested person), so the judgments decided under that provision are the case law on this one.
When did Section 49 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 49 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 49, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.