Jan 23, 2018
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Provisions related to search of place and for person wrongly confined

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Provisions related to search of place and for person wrongly confined under Code of Criminal Procedure, 1973

Search of place suspected to contain stolen property, forged documents, etc. (Section 94)

If a :

  1. District Magistrate,
  2. Sub-divisional Magistrate or
  3. Magistrate of the first class,

upon information received and also after such inquiry has reason to believe that any place used :

  1. for the deposit or
  2. sale of stolen property, or
  3. for the deposit, sale or production of any objectionable article, or
  4. for the deposit of any such objectionable article.

The Magistrate may by warrant authorize any police officer above the rank of a constable to :

  1. enter such place with assistance as required,
  2. search the place in the manner specified in the warrant,
  3. take possession of any property or article therein found. Which he reasonably suspects as stolen property or also objectionable article,
  4. convey such property or article before a Magistrate or
  5.  guard the same on the spot until the offender presented before a Magistrate, or otherwise to dispose of it in some place of safely,
  6. take into custody and also present 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 stolen property or, as the case may be, objectionable article to which this section applies.

The objectionable articles to which this section applies are-

  1. counterfeit coin;
  2. 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);
  3. counterfeit currency note; counterfeit stamps;
  4. forged documents;
  5. false seals;
  6. obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
  7. instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Search for persons wrongfully confined (section 97)

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.
Article Categories:
Criminal law

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