Amendment status not verified — confirm the current text below against the official source.
Conditions under which searcli of personi shall be conducted.- (l) When any officer duly authorised under s6ction 42 is about to search anv person under the provisions of section 41, section 42 or section 43, he shall, if such person so_ reguires, Lake such person without unnecessa ry delay to the nearest Gazetted Officer of any of the-departments mentioned in ;ection 42 or to the nearest Masistrate. (2) If such riquisition is made, the officer may detain the Derson until he can btug h"I before the Gazetted Officer or the ivagistrate r'eferred to in sub_ section (1). - (3) T!" qazetted Officer or the Magistrate before whom any such person is brought shall,- if he sees no reasonable glound for search, forthwith disdrarge the person but otherwise shall direct that;earch be made. (4) No female shall be searched by anvone exceptine a female. 'z[(5) When an officer duly authoriied ritrder secdon 42 has.eason to believe tha_t it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the iossibility of the person to be searched parting with possession.of any _narcotic drug or fisychotrbpic substance, or coritrolej substance or artlcte or document, he ma, instead of taking such person to the nearest Gazetted Officer or Magistrate, pioceed to search thE person as provided under section 100 of the Codebf Criminal Procedure. 19T3 (2 of 197a\'- (6) After a search is conducted under sub-section i5), the'officer s(a[ record the reasons for such belief which necessitated such seirch and within seventv- two hours send a copy thereof to his immediate official superior.l (i) A joint.communication of the .!ro#*"tlH?" ""Oer section 50(1) of the Act to the accused would frustrate the very purpoise of section 50. Communicatibi of the said rieht to the person who is about to be'seaiched is not an emptv formalitv. lt has a purpo"se. Most of the offences under the Act carry stringent giuirishment ind, theretore] the prescribed procedure has to be meticulously folloied. These are minimum safe.euards available to an accused against the possibility of false involvement. The commurYcaHon of this right has to be clFar unambiguous ahd individual. The accus€d must be made aware of the existence of such a riq'ht. The rieht would be of little sisnificance if the beneficiary'thereof is not able to exeicise it for *ant of knowledqe aboufib existence. A ioint corrununication of the right may not be clear or uneqTuivocal. lt mav create confusion. lt may result in dilu-ting thi risht. Therefore, accusid must be indi'viduallv informed that under section 50(l), hl has a'right to be searched before a nearest Gazettel Officer or before a nearest Magistrate; State ol Raiasthan v. Parmanand, AIR 2014 SC 1384. (ii) Provisions of rction 50 of the Act do not apply to any search or seizure where the article. was "9t^ F_ulg carried on the person of thi iccused; State of Rnjasthon v- Tam Singh, (20rr) ll SCC 559: 2011 (9) SLT 638:2011 (3) SCC (Cr),107.