Search of arrested person
Section 51 of the Code of Criminal Procedure, 1973 deals with search of arrested person. 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 war The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 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 51, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 49 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… by Section 42 of the Act makes a search or causes arrest of a person during the normal course of investigation into an offence or suspected offence and on completion of that search, a contraband under the NDPS Act is also recovered, the requirements of Section 50 of the Act are not attracted. 13. Vide Section 51, the provisions of the Code of Criminal Procedure, 1973 shall apply, insofar as they are not inconsistent with the provisions of the NDPS Act, to all warrants issued and arrests, searches and seizures made under the NDPS Act. Thus, the NDPS Act, 1985 after incorporating the broad principles regarding search, seizure …
Questions about Section 51
What have the courts held on Section 51 of the Code of Criminal Procedure?
Sanjay Kumar Jain vs State of Delhi (16 Dec 2010) is the leading judgment on this section among those set out below: 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 51 of the Code of Criminal Procedure?
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: CRPC 51, section 51 CRPC, section 51 of the Code of Criminal Procedure. 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 51 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 49 (Search of arrested person), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 51 of the Code of Criminal Procedure come into force?
Section 51 of the Code of Criminal Procedure, cited as CRPC 51, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.