What is No unnecessary restraint? What is Person arrested to
be informed of grounds of arrest and of right to bail? What is
Search of arrested person? Section 49,50 and 51 of Code of
Criminal Procedure 1973.
No unnecessary restraint, Person arrested to be informed of
grounds of arrest and of right to bail, Search of arrested
person are defined under Section 49, 50 and 51 of CRPC 1973.
Provisions under these sections are:
Section 49 of CRPC. "No unnecessary restraint"
The Person arrested shall not be subjected to more restraint
than is necessary to prevent his escape
Section 50 of CRPC. "Person arrested to be informed of
grounds of arrest and of right to bail"
(1) Every police officer or other person arresting any person
without warrant shall forthwith communicate to him full
particulars of the offence for which he is arrested or other
grounds for such arrest.
(2) Where a police officer arrests without warrant any person
other than a person accused of a non-bailable offence, he shall
inform the person arrested that he is entitled to be released on
bail and that he may arrange for sureties on his behalf
Section 51 of CRPC. "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 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.