Persons in charge of closed place to allow search
AI Assist
Summary
If a place liable to search is closed, the resident or person in charge must, when shown the warrant, allow free entry and give reasonable facilities. If entry cannot be obtained, the officer may force entry under section 47(2). Persons reasonably suspected of hiding articles may be searched; a woman must be searched by another woman. Two or more independent local witnesses must be called, a list of seized items prepared and copies given. Refusal to attend when ordered in writing is an offence under IPC 187.
Example
Priya locks her tailoring shop. Police produce a warrant and ask to search; she must let them in and provide reasonable facilities. Officers call two local respectable witnesses who sign a list of seized cloth and hand Priya a copy. When Priya's woman assistant is reasonably suspected of hiding cloth on her person, she is searched by another woman and given a copy of any list of things taken.
Bare Act
Enacted text(1) Whenever any place liable to search of 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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