Jan 23, 2018
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Section 100 : Persons in charge of closed place to allow search

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Section 100 : Persons in charge of closed place to allow search

1. Whenever any closed place liable to search of inspection. Then any person residing in, or in charge of such closed place shall allow access to such place. He shall allow free access to the officer or other person executing the warrant and also on production of the warrant. The person in charge shall also afford all reasonable facilities for a search therein.

2. If access to such place cannot obtained. Then the officer or other person executing the warrant may proceed as specified by Sub-Section (2) of section 47.

3. Where any person in or about such place reasonably suspected of hiding about any article for which search made. Such person may searched. If such person is a woman, the search shall made by another woman with strict regard to decency.

4. Before searching, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality. Such inhabitants shall from the locality in which the place to be searched is situated. If no such inhabitant of the said locality available or willing to become a witness to the search, to attend and witness the search, may call any other person from different locality. The officer may also issue an order in writing to them or any of them so to do.

5. The search shall carried out in the presence of the inhabitants or witness. A list of all things seized in the course of such search. Also a list of the places in which they respectively found. It shall prepared by such officer or other person. It shall also signed by such witnesses. But no person witnessing a search, 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 permitted to attend during the search. Also a copy of list so prepared under this section, delivered to such occupant or person.

7. When any person searched under Sub-Section (3), a list of all things taken possession of shall prepared. Also a copy thereof shall 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.

Article Categories:
Criminal law

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