Code:
(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).
Explanation:
This section governs the search of closed places in criminal investigations. It outlines the procedures and conditions under which law enforcement can lawfully search enclosed spaces like houses, buildings, or vehicles.
Key points:
- Search warrants are generally required for searching closed places.
- The warrant must be issued by a Magistrate and must specify the place to be searched and the objects to be searched for.
- Specific grounds for obtaining the warrant are required, such as credible information that suggests the presence of evidence related to a crime.
- The search must be conducted in the presence of two witnesses, and a list of the items seized must be prepared.
- Exceptions exist to the warrant requirement, such as when a person is lawfully arrested and there is a reasonable suspicion that they possess evidence related to the crime in their possession.
Illustration:
Suppose a police officer receives information that a suspect in a theft case is hiding stolen goods in their house. The officer can apply to a Magistrate for a search warrant. The Magistrate, after considering the evidence, can issue a warrant authorizing the search of the suspect’s house. The search must be conducted in the presence of two witnesses, and a list of the items seized must be prepared.
Common Questions and Answers:
Q: Can a police officer search my house without a warrant?
A: Generally, no. A warrant is required, unless there are specific exceptions. These exceptions include instances of lawful arrest or imminent danger.
Q: What are the grounds for obtaining a search warrant?
A: The Magistrate must be satisfied that there is credible information suggesting that evidence related to a crime exists at the place to be searched.
Q: Can I refuse to allow the police to search my house?
A: Yes, you can refuse a search without a valid warrant. However, it’s crucial to understand that refusing a lawful search with a warrant can have legal consequences.
