Search for Persons wrongfully confined
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Summary
A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may issue a search-warrant when they suspect someone is being confined in circumstances that amount to a criminal offence. The person named in the warrant may search for the confined person. If found, that person must be taken immediately before a Magistrate, who will then make an appropriate order.
Example
Priya tells a Magistrate that her neighbour has locked her brother in a room and it looks like an offence. The Magistrate issues a search-warrant to the police. The police search the house, find Priya's brother and take him immediately before the Magistrate, who then orders appropriate action (for example release and inquiry or remand).
Bare Act
Enacted textIf 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.
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