What is Direction, etc., of search-warrants? What is the responsibility of Persons in charge of closed place to allow search? What is Disposal of things found in search beyond jurisdiction? Section 99, 100 and 101 of Code of Criminal Procedure 1973

 

 

Direction, etc., of search-warrants, responsibility of Persons in charge of closed place to allow search, Disposal of things found in search beyond jurisdiction are defined under Section 99, 100 and 101 of CRPC 1973. Provisions under these sections are:

 

 Section 99 of CRPC "Direction, etc., of search-warrants"

The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.

Section 100 of CRPC "Persons in charge of closed place to allow search"

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow his free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; 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) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).

Section 101 of CRPC "Disposal of things found in search beyond jurisdiction"

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, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

COMPEL PRODUCTION OF THINGS

Section 91 and 92 of Code of Criminal Procedure 1973 - What is summon to produce document or other thing? What is procedure as to letters and telegrams

Section 93 of Code of Criminal Procedure 1973 - When Search Warrant is to be issued?

Section 94 of Code of Criminal Procedure 1973 - What is Search of place suspected to contain stolen property forged documents etc

Section 95 of Code of Criminal Procedure 1973 - What is Power to declare certain publications forfeited and to issue search-warrants for the same?

Section 96 of Code of Criminal Procedure 1973 - What is Application to High Court to set aside declaration of forfeiture?

Section 97 and 98 of Code of Criminal Procedure 1973 - What is search for person wrongfully confined? What is power to compel restoration of abducted females?

Section 99, 100 and 101 of Code of Criminal Procedure 1973 - What is Direction, etc., of search-warrants? What is the responsibility of Persons in charge of closed place to allow search? What is Disposal of things found in search beyond jurisdiction?

Section 102, 103, 104 and 105 of Code of Criminal Procedure 1973 - What is Power of police officer to seize certain property? What is Magistrate may direct search in his presence? What is Power to impound document, etc., produced? What is Reciprocal arrangements regarding processes?

 
 

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