Section 53 of the CrPC 1898 provides specific authority to law enforcement officers to seize weapons found on a person at the time of arrest. This section plays a vital role in maintaining safety during arrest procedures and preventing violence... Read More
Section 53 of the CrPC 1898 provides specific authority to law enforcement officers to seize weapons found on a person at the time of arrest. This section plays a vital role in maintaining safety during arrest procedures and preventing violence or escape attempts by the accused.
When a person is arrested, the arresting officer is empowered to take possession of any arms, weapons, or other dangerous articles in the individual’s possession. These items are then safely secured and placed in official custody. This process ensures that neither the police officer nor the public faces any immediate threat from the arrested person.
The primary purpose of this section is the protection of life and property. It prevents misuse of weapons and ensures that the arrested person cannot harm themselves, law enforcement personnel, or others. After the seizure, a record is maintained for accountability, and the seized weapons may later be presented as evidence in court if they are connected to the offence.
Section 53 also reflects the broader legal principle that law enforcement must act firmly but fairly. The seizure should be done in a lawful manner — excessive force, unnecessary humiliation, or unlawful retention of property is not permitted. The officer must ensure that the action taken aligns with legal procedures and respects the rights of the accused.
This provision is a crucial aspect of criminal procedure and public safety. It complements Sections 51 and 52, which deal with the search and safe custody of items found on arrested persons. Together, these sections ensure a structured and transparent system of handling individuals and their belongings during arrest operations.
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