Section 51 CrPC: Search of arrested person

Code of Criminal Procedure, 1973

Section 51 CrPC at a Glance

Section 51 CrPC deals with search of arrested person. From 1 July 2024 it is replaced by Section 49 BNSS.

Now BNSS

Section 49 →

What Section 51 CrPC Says

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.

Source: Section 51, Code of Criminal Procedure, 1973

Section 51 CrPC in Simple Words

Section 51 of the Code of Criminal Procedure, 1973 deals with the search of an arrested person. Where a person is arrested under a warrant which does not provide for the taking of bail, or under a warrant which provides for bail but the person arrested cannot furnish bail, and where 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 the police officer to whom a 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.

Where any article is seized, a receipt showing the articles taken in possession by the police officer shall be given to such person. A female shall be searched by another female with strict regard to decency.

When Section 51 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 51 CrPC

Rajesh, a police officer, arrests Vikram under a warrant which provides for the taking of bail, but Vikram cannot furnish bail. Under Section 51(1) of the Code of Criminal Procedure, 1973, Rajesh may search Vikram and place in safe custody the watch, wallet and keys found upon Vikram, other than the necessary wearing-apparel of Vikram. As those articles are seized from Vikram, a receipt showing the articles taken in possession by Rajesh shall be given to Vikram.

When Section 51 CrPC Does Not Apply

  • Section 51(1) of the Code of Criminal Procedure, 1973 speaks of a person arrested under a warrant which provides for the taking of bail only where the person arrested cannot furnish bail. It does not deal with a person arrested under such a warrant who furnishes bail.
  • Section 51(1) CrPC 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. It does not deal with such a person who is admitted to bail and furnishes bail.

Section 51 CrPC Under BNSS 49: What Changed

Section 51 CrPC is now covered under Section 49 BNSS.

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.

View detailed comparison (CrPC 51 vs BNSS 49) →

FAQs on Section 51 CrPC

When may a police officer search an arrested person under Section 51 CrPC?▼

Under Section 51(1) of the Code of Criminal Procedure, 1973, the search may be made where 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 where 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.

What may be placed in safe custody under Section 51 CrPC, and is a receipt given?▼

Under Section 51(1) of the Code of Criminal Procedure, 1973, all articles, other than necessary wearing-apparel, found upon the person arrested may be placed in safe custody. 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.

What is the rule for searching an arrested female under Section 51 CrPC?▼

Under Section 51(2) of the Code of Criminal Procedure, 1973, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Where is Section 51 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 51 CrPC is found in Section 49 BNSS, which has the same heading. Section 51(1) CrPC maps to Section 49(1) BNSS, and Section 51(2) CrPC maps to Section 49(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·