Criminal Procedure | Arrest and seizure

Section 52 CrPC: Power to Seize Offensive Weapons After Arrest

Section 52 of the Code of Criminal Procedure, 1973 empowered the person making an arrest to remove offensive weapons from an arrested person and hand them over to the appropriate court or officer. The corresponding current provision is Section 50 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Legal position reviewed: 16 October 2026

What did Section 52 CrPC provide?

Section 52, titled "Power to seize offensive weapons", permitted the officer or other person making an arrest under the CrPC to take any offensive weapons found on the arrested person's person. It also required those weapons to be delivered to the court or officer before whom the arrested person had to be produced.

Section 50 BNSS: Present legal provision

Section 50 of the Bharatiya Nagarik Suraksha Sanhita, 2023, also titled "Power to seize offensive weapons", authorises the police officer or other person making an arrest under the BNSS to take offensive weapons from the arrested person immediately after the arrest is made. The seized weapons must be delivered to the court or officer before whom the arrested person is required to be produced.

The express reference to seizure immediately after arrest is an important change from the wording of the earlier CrPC provision. Read the official BNSS text on India Code.

Meaning and scope of the power

What is an offensive weapon?

Neither Section 52 CrPC nor Section 50 BNSS sets out a separate exhaustive definition of "offensive weapon". In context, the expression concerns an article capable of being used to inflict injury or violence, having regard to its nature and the circumstances. Whether a particular item falls within the provision depends on the facts; not every ordinary object carried by an arrested person automatically qualifies.

Who may seize a weapon?

The provision covers a police officer or another person lawfully making an arrest under the applicable criminal procedure law. It does not confer a general power on anyone to search strangers or confiscate their property without lawful authority.

When may the weapon be taken?

Under Section 50 BNSS, the power is linked to an arrest and may be exercised immediately after the arrest. It is distinct from a general search or seizure power unrelated to an arrest.

Where must the seized weapon go?

The provision requires delivery of the seized weapon to the court or officer before whom the arrested person must be produced. It does not authorise the arresting person to keep the weapon for personal use.

Section 52 CrPC and Section 50 BNSS: Key provisions

Procedure and safeguards during seizure

1. Lawful arrest: The power arises in connection with an arrest authorised under the applicable law.
2. Identify the weapon: The article taken must fall within the scope of offensive weapons under the provision, assessed in context.
3. Prompt seizure: Section 50 BNSS expressly contemplates taking the weapon immediately after arrest.
4. Deliver to the proper authority: The seized weapon must be handed over to the court or officer specified by the provision.
5. Follow other applicable rules: Documentation, custody, evidence preservation and any separate search or seizure requirements must be observed where applicable.

For searches of an arrested person's belongings, Section 51 CrPC and the corresponding Section 49 BNSS provide distinct rules, including a receipt for articles seized under that search provision and safeguards for searches of women. These requirements should not be confused with the specific weapon-seizure power.

Illustrative example

Suppose an officer lawfully arrests a suspect who has a knife on his person in circumstances indicating that it is an offensive weapon. Section 50 BNSS permits the officer to take the weapon immediately after arrest. The officer must then deliver it to the appropriate court or officer as required by law. The legality of the arrest and the nature of the article remain relevant to assessing the action.

Frequently asked questions

Is Section 52 CrPC still in force?

The CrPC was repealed by the BNSS, effective 1 July 2024, subject to statutory savings. Section 50 BNSS is the corresponding current provision; the former Section 52 CrPC may still matter for saved or earlier proceedings.

Can a private person seize an offensive weapon during an arrest?

The provision refers to a police officer or other person making an arrest under the applicable law. It does not independently authorise a private person to make an otherwise unlawful arrest.

Must the weapon be handed over to the court or police?

Yes. The provision requires delivery to the court or officer before whom the person making the arrest is required to produce the arrested person.

Does Section 50 BNSS permit seizure of all personal property?

No. Section 50 specifically addresses offensive weapons. Other property may be subject to separate search and seizure provisions when their legal conditions are satisfied.

Official legal references

• India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF), especially Sections 49, 50 and 531.
• Ministry of Home Affairs - Criminal law enactments, including the CrPC and BNSS.
• Bureau of Police Research and Development - New criminal laws.

This article provides general legal information and does not replace advice on the facts of a particular case.