Section 50 BNSS: Power to seize offensive weapons (Formerly Section 52 CrPC)

Section 50 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power to seize offensive weapons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, 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 Sanhita to produce the person arrested.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35 Bail Sec 478

Legal Commentary & Landmark Judgments: Section 50

Section 50 empowers police officers or other persons making an arrest under this Sanhita to seize any offensive weapons which the arrested person has about their person.

Offensive Weapons: Firearms, knives, daggers, knuckledusters, acid bulbs, or dangerous instruments.
Seizure on Arrest: Immediate seizure from the physical person of the arrestee.
Delivery to Court/Officer: Duty to deliver all weapons so seized to the court or officer before whom the arrested person is required to be produced.

Key Landmark Precedents:

State of Rajasthan v. Bhup Singh (1997) 10 SCC 675: The Supreme Court noted that recovery of weapons of offence from the immediate person of the accused at the time of arrest is vital direct evidence.
Ashfaq v. State (Govt. of NCT of Delhi) (2004) 3 SCC 116: Affirmed the necessity of contemporaneous seizure memos detailing serial numbers and weapon condition upon arrest.

Courtroom Practice & Strategic Litigation Guidance:

A seizure under Section 50 must be distinguished from a discovery under Section 23 BSA (old Section 27 Evidence Act). Under Section 50, the weapon is recovered from the accused's person upon arrest, requiring an immediate seizure memo.