C—General provisions relating to searches
99. 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
100. Persons in charge of closed place to allow search
(1)
Whenever any place liable to search of 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 him 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)
Comments
(i)
Public witnesses may not be joined, but attempt must be made to join the public
witnesses;
Sadhu Singh v State of Punjab, (1997)
3 Crimes 55 (PH)
(ii)
There can be cases when public witnesses are reluctant to join or are not
available All the
same,
the prosecution must show a genuine attempt having been made to join public
witnesses;
Sadhu Singh v State of Punjab, (1997)
3 Crimes 55 (PH)
(iii)
A stereo-type statement of non-availability of any Public witness will not be
sufficient
particularly
when at the relevant time, it was not difficult to procure the services of
public
witness,
Sadhu Singh v State of Punjab, (1997)
3 Crimes 55 (PH)
101. 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
