Study Notes

Section 100 of the Code of Criminal Procedure (CrPC) pertains to the search of closed places. It outlines the rights and obligations of the person residing in or in charge of a place that is liable to search or inspection under this Chapter.

Here are the detailed notes:

-Duty of person in charge: Whenever a place liable to search or inspection is closed, the person residing in or in charge of the place shall allow free ingress to the officer or person executing the warrant, upon demand and production of the warrant. They are also obligated to afford all reasonable facilities for a search therein.

For example, if a police officer has a search warrant to search a warehouse for illegal drugs and finds that the warehouse is closed, the officer can demand the person in charge of the warehouse to allow them to enter and search the premises.

-Procedure when entry cannot be obtained: If the person in charge of the closed place refuses to allow entry to the officer executing the warrant, the officer may proceed in the manner provided by sub-section (2) of section 47. Section 47(2) states that the officer may break open any outer or inner door or window of any house or place, whether that of the person to be arrested or any other person, if after notification of his intention to do so, he cannot obtain admittance.

-Search of a person suspected of concealing article: If any person in or about the closed place is reasonably suspected of concealing any article for which the search is to be made, such person may be searched. In the case of a woman, the search shall be made by another woman with strict regard to decency.

For instance, if a female suspect is reasonably suspected of concealing illegal drugs on her person during a raid on a closed place, she may be searched by a female officer to ensure that her privacy and decency are not violated.

-Witnesses to attend and witness search: Before making a search under this Chapter, the officer or other person executing the warrant shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate. If no such inhabitant of the said locality is available or willing to be a witness to the search, they may call upon witnesses from any other locality to attend and witness the search. The officer may issue a written order to them to do so.

-Search to be made in the presence of witnesses: The search shall be made in the presence of the witnesses called upon to attend and witness the search. The officer or person executing the warrant shall prepare a list of all things seized in the course of such search and of the places in which they are respectively found. The list shall be signed by the witnesses. However, the witnesses are not required to attend the court as a witness of the search unless specially summoned by it.

-Occupant or person in charge to attend the search: The occupant of the closed place or any person on their behalf shall be permitted to attend during the search. A copy of the list prepared under this section, signed by the witnesses, shall be delivered to the occupant or person in charge.

-List of things taken possession of: 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.

-Offence for refusing to attend and witness search: 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). Section 187 of the Indian Penal Code relates

Study Notes

Section 101 of the Code of Criminal Procedure (CrPC) deals with the disposal of things found in search beyond jurisdiction. Here are the notes headwise with examples:

-Application of Section
This section applies when a search warrant is executed at a place beyond the local jurisdiction of the Court which issued the warrant.
Example: If a search warrant is issued by a court in Delhi, but the search is conducted in Mumbai, this section will apply.

-Discovery of Things
If, during the search, any of the things for which the search is conducted are found, such things must be immediately seized.
Example: If the search is conducted to find stolen jewellery, and such jewellery is found, it must be immediately seized.

-List of Things
A list of the things found must be prepared under the provisions contained in the CrPC.
Example: The police must prepare a list of the stolen jewellery found during the search.

-Immediate Action
The things found, along with the list, must be immediately taken before the Court which issued the warrant.
Example: If the warrant was issued by a court in Delhi, the things and list must be taken to that court.

-Exception
If the place where the search was conducted is nearer to a Magistrate having jurisdiction than the Court which issued the warrant, the things and list must be taken to such Magistrate instead.
Example: If the search was conducted in Mumbai and the Magistrate in Mumbai has jurisdiction over the place, the things and list must be taken to that Magistrate.

-Magistrate’s Order
Unless there is good cause to the contrary, the Magistrate before whom the things and list are produced shall make an order authorising them to be taken to the Court which issued the warrant.
Example: The Magistrate may order that the stolen jewellery found during the search be taken to the court in Delhi which issued the warrant.