Section 52 CrPC: Power to seize offensive weapons
Code of Criminal Procedure, 1973
Section 52 CrPC at a Glance
Section 52 CrPC deals with power to seize offensive weapons. From 1 July 2024 it is replaced by Section 50 BNSS.
What Section 52 CrPC Says
52. Power to seize offensive weapons
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
Source: Section 52, Code of Criminal Procedure, 1973
Section 52 CrPC in Simple Words
Section 52 of the Code of Criminal Procedure, 1973 deals with the power to seize offensive weapons.
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person.
All weapons so taken shall be delivered to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
When Section 52 CrPC Applies
- Section 52 of the Code of Criminal Procedure, 1973 speaks of the officer or other person making any arrest under this Code.
- Under Section 52 CrPC, the officer or other person making the arrest may take from the person arrested any offensive weapons.
- Section 52 CrPC speaks of offensive weapons which the person arrested has about his person.
- Under Section 52 CrPC, the officer or person making the arrest shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
Example of Section 52 CrPC
When Section 52 CrPC Does Not Apply
- Section 52 of the Code of Criminal Procedure, 1973 speaks of the officer or other person making an arrest under this Code. It does not deal with taking weapons from a person who is not arrested.
- Section 52 of the Code of Criminal Procedure, 1973 speaks of offensive weapons. It does not deal with an article taken from the person arrested that is not an offensive weapon.
- Section 52 CrPC speaks of offensive weapons which the person arrested has about his person. It does not deal with a weapon that the person arrested does not have about his person.
Section 52 CrPC Under BNSS 50: What Changed
Section 52 CrPC is now covered under Section 50 BNSS.
Section 52 of the Code of Criminal Procedure, 1973 became Section 50 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 50 BNSS adds the words immediately after the arrest is made, and begins with The police officer or other person where Section 52 CrPC began with The officer or other person. The duty to deliver all weapons so taken to the Court or officer has the same text.
View detailed comparison (CrPC 52 vs BNSS 50) โFAQs on Section 52 CrPC
Who can take offensive weapons from an arrested person under Section 52 CrPC?โผ
Under Section 52 of the Code of Criminal Procedure, 1973, the officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person.
What must be done with offensive weapons taken under Section 52 CrPC?โผ
Under Section 52 of the Code of Criminal Procedure, 1973, the officer or person making the arrest shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
Which items may be seized from an arrested person under Section 52 CrPC?โผ
Section 52 of the Code of Criminal Procedure, 1973 speaks of any offensive weapons which the person arrested has about his person.
Where is Section 52 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?โผ
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 52 CrPC is found in Section 50 BNSS, which has the same heading. Section 52 CrPC has no sub-sections, and maps as a whole to Section 50 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 22 Oct 2026 ยท