Who has the authority to seize offensive weapons from an arrested person under Section 53?

Section 53 of the Criminal Procedure Code (CrPC) 1898 clearly states that the officer making the arrest has the authority to seize offensive weapons found on the arrested person. The purpose of this section is to ensure safety and maintain... Read More

1 CRIMINAL PROCEDURE CODE (CRPC) 1898 MCQS

Who has the authority to seize offensive weapons from an arrested person under Section 53?

  • Magistrate only
  • Officer making the arrest
  • Prosecutor in charge
  • Court clerk
Correct Answer: B. Officer making the arrest

Detailed Explanation

Section 53 of the Criminal Procedure Code (CrPC) 1898 clearly states that the officer making the arrest has the authority to seize offensive weapons found on the arrested person. The purpose of this section is to ensure safety and maintain law and order during the process of arrest. When a person is taken into custody, the law empowers the arresting officer to remove any object that could cause harm to others or be used for resistance, escape, or attack.


The provision ensures that the arrest process remains secure both for law enforcement officers and for the public. It also prevents the misuse of dangerous items such as knives, firearms, or any object considered an offensive weapon. After the seizure, such items must be produced before the court or kept in police custody as per legal procedure until further orders are issued.


This section reflects the preventive nature of the criminal justice system. By disarming the accused at the time of arrest, the law aims to protect all involved and maintain a smooth and safe judicial process. Moreover, this section ensures transparency and accountability, as the officer making the arrest must report the seizure properly in accordance with police rules.


Key Facts:



  • Relevant Law: Section 53 of the Criminal Procedure Code (CrPC) 1898

  • Authority Holder: Officer making the arrest

  • Purpose: To ensure the safety of the public, police, and the accused during arrest.

  • Items Covered: Any weapon or object that may be used offensively.

  • Legal Duty: The seized items must be reported and submitted as evidence when required.

  • Significance: Prevents violence or obstruction during or after arrest.

  • Nature of Provision: Preventive and procedural safeguard in criminal law.

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