Search of Arrested Person (Criminal Procedure Act, Cap. 20 R.E. 2022)
Section 24 outlines the procedure for searching an arrested person:
Subsection (a) specifies that when a person is arrested by a police officer under a warrant that does not allow for bail, or under a warrant where the arrested person cannot furnish bail, a search may be conducted. This also applies if the person is arrested without a warrant or by a private person, and they cannot legally be admitted to bail or cannot provide bail.
Subsection (b) grants authority to the police officer making the arrest, or in the case of a private arrest, the police officer to whom the arrested person is handed over, to search the individual. The officer is permitted to place in safe custody any articles found on the person, excluding necessary clothing.
Section 26 requires woman search to be carried out by another woman. This provision safeguards the dignity and privacy of the individual being searched, ensuring that the search is performed in a manner that adheres to standards of decency.
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