Section 51 CrPC: Search of Arrested Persons
This section of the Code of Criminal Procedure (CrPC) deals with the power of police officers to search an arrested person.
1. The Code
Section 51 CrPC:
When a person is arrested, the officer making the arrest may, for the purpose of discovering and seizing any thing which may be used as evidence in the proceeding or which may be in the possession of such person and is likely to be concealed or destroyed, search such person and any vessel or package in his possession, and may seize anything found on such search which he has reasonable grounds to believe to be such evidence or which is likely to be concealed or destroyed.
2. Explanation
Section 51 CrPC empowers a police officer to search an arrested person and their belongings for evidence or items that may be concealed or destroyed. This power is exercised to ensure a fair trial and prevent the tampering of evidence.
The search must be conducted under the following conditions:
- The person must be under arrest.
- The search must be for evidence or items likely to be concealed or destroyed.
- The officer must have reasonable grounds to believe that the items sought are present.
3. Illustration
Consider a case where a person is arrested for theft. The police officer may search the arrested person and their bag for stolen goods or any other object that could be used as evidence in the case. If the officer finds a stolen item, it can be seized as evidence.
4. Common Questions and Answers
Q1: Can the police search me without an arrest warrant?
A: Yes, under Section 51 CrPC, police officers can search you without a warrant if you are arrested.
Q2: What if I refuse to be searched?
A: You have the right to refuse to be searched. However, the officer can still search you if they have reasonable grounds to believe that you are concealing evidence or items that may be destroyed.
Q3: What if the police find something illegal during the search?
A: If the police find anything illegal during the search, it can be seized as evidence. You may be charged with an offense related to the item found.
Q4: Can I complain about an illegal search?
A: Yes, you can complain to a higher authority or file a legal challenge if you believe that the search was illegal.
