Search of an arrested person by a police officer is provided under
Section 49 governs the search of an arrested person. For arrest by a police officer under a warrant, the search power applies where the warrant makes no provision for bail…
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Search of an arrested person by a police officer is provided under
Answer and explanation
Correct answer C
Section 49 governs the search of an arrested person. For arrest by a police officer under a warrant, the search power applies where the warrant makes no provision for bail or the arrested person cannot furnish bail. For arrest without a warrant or by a private person under a warrant, it applies where the person cannot legally be admitted to bail or cannot furnish it. The officer may keep articles found on the person in safe custody, apart from necessary clothing. Section 46 concerns restraint, section 47 concerns notice of arrest grounds and the applicable bail information, and section 53 concerns medical examination.
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Option A
Incorrect. Section 46 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 49 of the CrPC, 1973) provides that an arrested person shall not be subjected to more restraint than is necessary to prevent his escape.
Option B
Section 47 requires a person arrested without a warrant to be told the grounds of arrest. A police officer who arrests without a warrant otherwise than for a non-bailable offence must also give the bail information required by section 47(2).
Option C
Correct. Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 51 of the CrPC, 1973) governs the search of arrested persons by a police officer and the safe custody of articles seized.
Option D
Incorrect. Section 53 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 54 of the CrPC, 1973) provides for the examination of an arrested person by a medical officer.
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