SOP Station House Management by Kerala Police

90 8. ARREST, SEARCH AND SEIZURE
person is produced, to
satisfy himself that the
requirements of Sub-
Section (2) and Sub-
Section (3) have been
complied with in respect
of such arrested person.
8.15 Search of
arrested person
(Section: 51 CrPC)
(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 arrests or when
the arrest is made by
a private person, the
Police officer to whom
he hands 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.
8.16 Search
and custody of
prisoners in Police
Station
(Vol.II, Rule-334, PSO)
334. (1) Every prisoner
shall be searched as
soon as brought to the
Station and admitted to
a lockup, as also on every
occasion when he is
readmitted to a lock up,
after being taken out.
All property found on
his person except necessary
wearing apparel
shall be sent to the Magistrate
with KPF No.
151-A. The removal of a
sacred thread, tali, wedding
ring or the lingam
worn by lingayats from
the person of a prisoner
is prohibited. A list of
the property, omitting
the wearing apparel retained
by the prisoner
shall he entered in the
Search Register (KPF
No. 151) which shall
be signed by the Station
House Officer, the Station
Writer and the prisoner.
(2) Wounds or injuries
found on the prisoner
should also be entered
with an account of how
they had been caused
and action taken for
their treatment.
(3) A prisoner in Police
custody shall not
be permitted to leave
the lock up after nightfall
except in special
and emergent circumstances
and that too
only with adequate escort,
details of which
shall be recorded in the
General Diary. A prisoner
in Police custody
prior to remand is entitled
to see a Pleader and
his relations.
8.17 Power to
seize offensive
weapons
(Section: 52 CrPC)
The officer or other
person making any arrest
under this Code
may seize from the person
arrested any offensive
weapons and shall
deliver all weapons so
taken to the Court or
officer before which or
whom the officer or person
making the arrest is
required by this Code to
produce the person arrested.
8.18 Search
of prisoner after
arrest
(Vol.II, Rule-333, PSO)
Prisoners shall be
searched immediately
after the arrest to ensure
that they do not
carry with them any offensive
weapons. If any
such weapon is seized, it
should be sent to Court
under Section 52 Criminal
Procedure Code. In
the case of females, the
search should be conducted
by a woman with
due regard to decency as
instructed in Criminal
Procedure Code.