CrPC 51→BNSS 49

CrPC 51 to BNSS 49: Search of arrested person

Section 51 CrPC (1973) replaced by Section 49 BNSS (2023)

View CrPC Section 51 →View BNSS Section 49 →

CrPC 51 to BNSS 49 at a Glance

Section 51 CrPC (Search of arrested person) is now Section 49 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 51 to BNSS 49?

Section 51 of the Code of Criminal Procedure, 1973 became Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 49(1) BNSS sets out the same situations of arrest as clauses, Section 49(1)(i) BNSS and Section 49(1)(ii) BNSS. This is a change of form: the wording of each situation, of the power to search and of the receipt is the same as Section 51(1) CrPC. Section 49(2) BNSS has the same text as Section 51(2) CrPC.

CrPC 51 vs BNSS 49: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section5149
HeadingSearch of arrested personSame
Sub-sections2 sub-sectionsSame

CrPC 51 and BNSS 49: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 51, CrPC 1973

51. Search of arrested person.—(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.
BNSS 2023 (in force)

Section 49, BNSS 2023

49. Search of arrested person.—(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.

When It Applies: CrPC 51 vs BNSS 49

Under CrPC 51
  1. Section 51(1) of the Code of Criminal Procedure, 1973 speaks of a person 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.
  2. Section 51(1) CrPC also speaks of a person arrested without warrant, or by a private person under a warrant, who cannot legally be admitted to bail, or is unable to furnish bail.
  3. Under Section 51(1) CrPC, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon the person arrested.
  4. Under Section 51(1) CrPC, 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.
  5. Under Section 51(2) CrPC, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Under BNSS 49
  1. Section 49(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person 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.
  2. Section 49(1)(ii) BNSS speaks of a person arrested without warrant, or by a private person under a warrant, who cannot legally be admitted to bail, or is unable to furnish bail.
  3. Under Section 49(1) BNSS, in either situation, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon the person arrested.
  4. Under Section 49(1) BNSS, 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.
  5. Under Section 49(2) BNSS, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

What CrPC 51 to BNSS 49 Means in Practice

From 1 July 2024, the search of an arrested person is found in Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 51 of the Code of Criminal Procedure, 1973. The situations of arrest, the power to search and place in safe custody all articles, other than necessary wearing-apparel, the receipt for articles seized and the search of a female by another female with strict regard to decency have the same wording.

FAQs: CrPC 51 to BNSS 49

Did Section 49 BNSS change the conditions for searching an arrested person compared to Section 51 CrPC?▼

No. Section 49(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out the same situations of arrest as Section 51(1) of the Code of Criminal Procedure, 1973, as clauses, Section 49(1)(i) BNSS and Section 49(1)(ii) BNSS. The wording of each situation and of the power to search is the same. Section 51(1) CrPC maps to Section 49(1) BNSS, and Section 51(2) CrPC maps to Section 49(2) BNSS.

Did the rules on seizing articles and giving a receipt change from Section 51 CrPC to Section 49 BNSS?▼

No. Under Section 51(1) of the Code of Criminal Procedure, 1973 and Section 49(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, all articles, other than necessary wearing-apparel, found upon the person arrested may be placed in safe custody, 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.

Is there any change in the rule for searching an arrested female between Section 51(2) CrPC and Section 49(2) BNSS?▼

No. Section 51(2) of the Code of Criminal Procedure, 1973 and Section 49(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 have the same text: whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·