Entire CrPc With PDF Notes - Chapter V Sections 51, 52, 53, 53A, 58 & 59 (Post Arrest Procedure)

Post Arrest Procedure
51. Search of arrested person.
52. Power to seize offensive weapons
53. Examination of accused by medical practitioner at the request of police
officer
53A. Examination of person accused of rape by medical practitioner
58. Police to report apprehensions
59. Discharge of person apprehended
51. Search of arrested person.
When a person is arrested the police officer making the arrest has the powers
to conduct a search of the arrested person under certain circumstances.
Section 51 empowers this.
Under section 51 the officer making the arrest may search the person who is
arrested and place in safe custody all articles which are found upon him.
However wearing apparel is excluded from this.
After search seizure the police officer is duty bound to give a receipt
showing list of all articles taken by the police officer and such list is to
be furnished to the person arrested.
Applicability of Section 51
● Section 51 is applicable only in cases of arrest with a warrant which
does not provide for taking of bail or
● under a warrant which provides for taking of bail but the person arrested
cannot furnish the bail.
● In case where a person is arrested without warrant and cannot legally be
admitted to bail or is unable to furnish bail.
Section 51 is available only when arrested person is not released on bail
Section 51 subsection 2 to make special provision for search of female and
puts forward the contention that when female is to be searched the police
officer searching shall be female and search will be made with strict regard
to decency.
Seizure of offensive weapons section 52
When an offensive weapon is found in the person of of the person arrested
the police officer making the arrest under section 52
To seize such weapon and deliver it it to the court
Medical examination of accused after arrest section 53
Section 53 is applicable only in cases where the person is arrested for
committing an offence of such a nature where there are reasonable grounds for
believing that his examination will afford evidence as to the commission of
an offence.
Examination is to be made by a registered medical practitioner
Orders can be given only by a police officer not below the rank of sub
inspector
Force can be used for the purpose of examination under section 53
Special provision for examination under section 53 when accused is a female.
Subsection to talks about it
Examination shall be made only by or under supervision of a female registered
medical practitioner
Meaning of examination under section 53
Examination of blood blood stains simen swab in case of sexual offences sweat hair
sample fingernail clippings examination shall be done by using modern and
scientific technique including DNA profiling and such other tests which the
registered medical practitioner things necessary as per the case
Meaning of registered medical practitioner
A medical practitioner who possesses medical qualification as defined under section
2 h of Indian medical council act and whose name has been registered in state
medical register
Constitutional safeguards visa v section 53
Whether the provision of section 53 is violative of
constitutional privilege against self incrimination
State of Bombay vs Kathi Kalu 1961 2 CrLj 856
20 (3)
Section 53 is not violative of article 20 (3) and that a person
cannot be said to have compelled himself to be a witness against
himself if he is merely required to undergo a medical
examination in accordance with the provision of section 53
Identification of prisoners act 1920
Section 4 and Section 5 to be read with section 53 of of
criminal procedure code
Section 4 empowers a police officer to take measurements
including finger impressions of a person arrested in connection
with an offence punishable with imprisonment which may extend to
one year or more.
Section 5 provides that if in the opinion of a magistrate it is
expedient to direct any person to allow his measurements of
photographs to be taken for the purpose of investigation of
proceeding under the criminal procedure court may make an order
to that effect
Special provision for the examination of person accused
of rape by medical practitioner under section 53a
Where a person is arrested on charge of committing an offence of rape aur and
attempt to commit rape
and there exists reasonable ground for believing that an examination of his person
will afford evidence regarding the commission of such offence
Police inspector not below the rank of sub inspector can cause the examination of
person of such accused by registered medical practitioner employed in hospital run
by the government or by local authority

[harshajain]

U actually work hard for us. The way you explain each provision is very helpful. Thank you.! 😊

[KaranMishra]

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[vaibhav]

please also make a video how to mark keywords in bare act