B—Search-warrants
93. When search-warrant may be issued
(1)
(a) Where any Court has reason to believe that a person to whom a summons or
order
under
section 91 or a requisition under sub-section (1) of section 92 has been, or
might
be,
addressed, will not or would not produce the document or thing as required by
such
summons
or requisition, or
(b)
where such document or thing is not known to the Court to be in the possession
of any
person,
or
(c)
where the Court considers that the purposes of any inquiry, trial or other
proceeding
under
this Code will be served by a general search or inspection, it may issue a
searchwarrant;
and
the person to whom such warrant is directed, may search or inspect in
accordance
therewith and the provisions hereinafter contained
(2)
The Court may, if it thinks fit, specify in the warrant the particular place or
part thereof to
which
only the search or inspection shall extend; and the person charged with the
execution of
such
warrant shall then search or inspect only the place or part so specified
(3)
Nothing contained in this section shall authorise any Magistrate other than a
District
Magistrate
or Chief Judicial Magistrate to grant a warrant to search for a document, parcel
or
other
thing in the custody of the postal or telegraph authority
94. Search of place suspected to contain stolen property, forged
documents, etc
(1)
If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class, upon
information
and after such inquiry as he thinks necessary, has reason to believe that any
place is
used
for the deposit or sale of stolen property, or for the deposit, sale or
production of any
objectionable
article to which this section applies, or that any such objectionable article
is
deposited
in any place, he may by warrant authorise any police officer above the rank of
a
constable—
(a)
to enter, with such assistance as may be required, such place,
(b)
to search the same in the manner specified in the warrant,
(c)
to take possession of any property or article therein found which he reasonably
suspects
to be stolen property or objectionable article to which this section applies,
(d)
to convey such property or article before a Magistrate, or to guard the same on
the
spot
until the offender is taken before a Magistrate, or otherwise to dispose of it
in some
place
of safety,
(e)
to take into custody and carry before a Magistrate every person found in such
place
who
appears to have been privy to the deposit, sale or production of any such
property or
article
knowing or having reasonable cause to suspect it to be stolen property or, as
the
case
may be, objectionable article to which this section applies
(2)
The objectionable articles to which this section applies are—
(a)
counterfeit coin;
(b)
pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of
1889), or
brought
into India in contravention of any notification for the time being in force
under
section
11 of the Customs Act, 1962 ( 52 of 1962);
(c)
counterfeit currency note; counterfeit stamps;
(d)
forged documents;
(e)
false seals;
(f)
obscene objects referred to in section 292 of the Indian Penal Code (45 of
1860);
(g)
instruments or materials used for the production of any of the articles
mentioned in
clauses
(a) to (f)
95. Power to declare certain publications forfeited and to issue
search-warrants for the
same
(1)
Where—
(a)
any newspaper, or book, or
(b)
any document, wherever printed appears to the State Government to contain any
matter
the publication of which is punishable under section 124A or section 153A or
section
153B or section 292 or section 293 or section 295A of the Indian Penal Code (45
of
1860), the State Government may, by notification, stating the grounds of its
opinion,
declare
every copy of the issue of the newspaper containing such matter, and every copy
of
such book or other document to be forfeited to Government, and thereupon any
police
officer
may seize the same wherever found in India and any Magistrate may by warrant
authorise
any police officer not below the rank of sub-inspector to enter upon and search
for
the same in any premises where any copy of such issue or any such book or other
document
may be or may be reasonably suspected to be
(2)
In this section and in section 96,—
(a)
"newspaper" and "book" have the same meaning as in the
Press and Registration of
Books
Act, 1867 (25 of 1867);
(b)
"document" includes any painting, drawing or photograph, or other
visible
representation
(3)
No order passed or action taken under this section shall be called in question
in any Court
otherwise
than in accordance with the provisions of section 96
96. Application to High Court to set aside declaration of
forfeiture
(1)
Any person having any interest in any newspaper, book or other document, in
respect of
which
a declaration of forfeiture has been made under section 95, may, within
two
months from the date of publication in the Official Gazette of such
declaration, apply to the
High
Court to set aside such declaration on the ground that the issue of the
newspaper, or the
book
or other document, in respect of which the declaration was made, did not
contain any such
matter
as is referred to in sub-section (1) of section 95
(2)
Every such application shall, where the High Court consists of three or more
Judges, be heard
and
determined by a Special Bench of the High Court composed of three Judges and
where the
High
Court consists of less than three Judges, such Special Bench shall be composed
of all the
Judges
of that High Court
(3)
On the hearing of any such application with reference to any newspaper, any
copy of such
newspaper
may be given in evidence in aid of the proof of the nature or tendency of the
words,
signs
or visible representations contained in such newspaper, in respect of which the
declaration
of
forfeiture was made
(4)
The High Court shall, if it is not satisfied that the issue of the newspaper,
or the book or other
document,
in respect of which the application has been made, contained any such matter as
is
referred
to in sub-section (1) of section 95, set aside the declaration of forfeiture
(5)
Where there is a difference of opinion among the Judges forming the Special
Bench, the
decision
shall be in accordance with the opinion of the majority of those Judges
Comments
State
Government issued order of forfeiture of book on the ground that it contained
matter
punishable
under sections 124A 153A and 295A High Court may set aside such order if
opinion
of
Government is not found correct; Hemandas
v State of Uttar
Pradesh, AIR 1961 SC 1662:
(1961)
2 Cr LJ 815
97. Search for persons wrongfully confined
If
any District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class has reason to
believe
that any person is confined under such circumstances that the confinement
amounts to an
offence,
he may issue, a search-warrant, and the person to whom such warrant is directed
may
search
for the person so confined; and such search shall be made in accordance
therewith, and
the
person, if found, shall be immediately taken before a Magistrate, who shall
make such order
as
in the circumstances of the case seems proper
98. Power to compel restoration of abducted females
Upon
complaint made on oath of the abduction or unlawful detention of a woman, or a
female
child
under the age of eighteen years, for any unlawful purpose, a District
Magistrate, Subdivisional
Magistrate
or Magistrate of the first class may make an order for the immediate
restoration
of such woman to her liberty, or of such female child to her husband, parent,
guardian
or
other person having the lawful charge or such child, and may compel compliance
with such
order,
using such force as may be necessary
