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
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
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
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.