BNSS §49
49. (1) Whenever,-- person.
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Comparison
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 1. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006). 2. Ins. by Act 25 of 2005, s. 7 (w.e.f. 23-6-2006). 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.
49.
(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.
What changedAI-inferred
Search of arrested persons.
Old position
CrPC 51 is concerned with Search of arrested person. 3. Search of arrested person
New position
BNSS 49 preserves the framework with drafting modernisations as required by the new code. Topic: 49. (1) Whenever,-- person.. Whenever,
BNSS 49 (49. (1) Whenever,-- person.) preserves the framework of CrPC 51. BNSS 49 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 49 text: Whenever,— (i) a person is arrested by a police...
Editorial deltaAI-indicated (source-linked)
BNSS 49 (49. (1) Whenever,-- person.) preserves the framework of CrPC 51. BNSS 49 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 49 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 51 continues to apply. For matters from that date forward, BNSS 49 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 49 (49. (1) Whenever,-- person.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Bharatiya Nagarik Suraksha Sanhita, 2023 · §49
View government sourcemha.gov.in(opens the Bharatiya Nagarik Suraksha Sanhita, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Code of Criminal Procedure, 1973 · §51
View government sourcemha.gov.in(opens the Code of Criminal Procedure, 1973 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §51 → BNSS §49 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bnss/49.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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