CrPC 100 — Persons in charge of closed place to allow search

Code of Criminal Procedure, 1973

Statutory text

(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 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).

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