Part C- GENERAL PROVISIONS RELATING TO SEARCHES, CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (Section 91-105)
SECTION 99: DIRECTION, etc. OF SEARCH – WARRANTS
- The provisions of:
- Section 38: Aid to person, other than police officer, executing warrant.
- Section 70: Form of warrant of arrest and duration.
- Section 72: Warrants to whom directed.
- Section 74: Warrant directed to police officer.
- Section 77: Where warrant may be executed.
- Section 78: Warrant forwarded for execution outside jurisdiction, and
- Section 79: Warrant directed to police officer for execution outside jurisdiction.
- shall be, so far as may applicable to all the search warrants issued under section, namely:
- Section 93: When search warrant may be issued,
- Section 94: Search of place to contain stolen property, forged document, etc, or
- Section 95: Power to declare certain publications forfeited and to issue search warrants for the same, or
- Section 97: Search for persons wrongfully confined.
SECTION 100: PERSONS IN CHARGE OF CLOSED PLACE TO ALLOW SEARCH
(1)Execution of warrant, when the place to be searched is closed.
SITUATION: Any place liable to search or inspection under this chapter is closed.
CONSEQUENCE:
- On demand of the officer, or other person executing the warrant,
- any person residing in, or being in charge of such place, shall:
- allow him free ingress thereto, and
- afford all reasonable facilities from a search therein.
(2)Ingress into such not obtained.
SITUATION: If ingress into such place cannot be so obtained.
CONSEQUENCE: The officer or other person executing the warrant may proceed in the manner provided by section 47(2).
(3)Person suspected of concealing any article.
SITUATION:
Where any person in or about such place is reasonable suspected of concealing about his person any article for which search should be made.
CONSEQUENCE: Such person may be searched.
(If such person is a woman:
- the search shall be made by another woman,
- with strict regard to decency.)
(4) Pre-requisites of search
- Before making a search under this chapter the officer or other person, about to make the search:
- shall, call upon 2 or more independent and respectable, inhabitants of:
- locality, in which the place to be search is situated, or
- any other locality (if not such inhabitant of the said locality is available or is willing to be a witness to the search)
- may, issue an order in writing to them or any of them so to do.
(5) List of things seized and relaxation to witness of the search.
- A list of all things seized in the course of such search and of the places is which they are respectively found,
- shall be prepared by such officer or other person and signed by such witness.
- The search shall be made in the presence of person mentioned under section 100(4),
- but no person witnessing a search under this section, shall be required to attend the court as a witness of the search,
- unless specially summoned by it.
(6) Obligation towards the occupant of the place searched.
- In every instance, the occupant of the place searched, or some person in his behalf, shall be:
- permitted to attend during the search, and
- delivered, a copy of the list prepared under this section, signed by the said witnesses.
(7) Obligations under section 100(3):
- Any person searched under section 100(3), shall be,
- delivered with, a copy of prepared a list of all things taken possession of.
(8) Repercussions of refusing or neglecting to attend and witness a search.
- Any person who, without reasonable cause, refuses to neglects to attend and witness a search under this section, when called upon to close to dos o by an order in written delivered or tendered to him,
- shall be deemed to have committed an offence under section 187, Indian Penal Code, 1860 (45 of 1860).
- shall be deemed to have committed an offence under section 187, Indian Penal Code, 1860 (45 of 1860).
SECTION 101: DISPOSAL OF THINGS FOND IN SEARCH BEYOND JURISDICTION
SITUATION:
- When, in the execution of a search warrant,
- at any place beyond the local jurisdiction of the court, which issued the same,
- any of the things for which search is made,
- are found.
CONSEQUENCE:
- Things found shall be,
- immediately taken before the court , issuing the warrant,
- unless, such place is nearer to the Magistrate having jurisdiction therein then to such Court.
(in case: the list and things shall be immediately taken before such magistrate,
- unless there be good cause to the contrary,
- such magistrate shall make an order authorizing them to be taken to such court.)
THIS (THIRD) PART OF THE SERIES CONSISTS OF GENERAL PROVISION RELATING TO SEARCH, WHICH IS PART-C OF CHAPTER-VII OF CODE. SECOND PART CONSISTS OF SEARCH WARRANTS, WHICH IS THE PART B OF CODE IN CHAPTER: VII. FIRST PART OF THE SERIES CONSISTS OF A- SUMMONS TO PRODUCE, WHICH IS PART A IN THE CODE EVEN. THIRD PART CONSISTS OF PART C OF THE CODE.
Farheen Dhanjal 