Search for persons wrongfully confined
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Summary
If a magistrate believes someone is confined in circumstances that amount to an offence, the magistrate may issue a search-warrant to look for that person. The person executing the warrant may search accordingly and, if the confined person is found, must immediately bring them before a magistrate. The magistrate will then make whatever order seems proper in the circumstances.
Example
Priya learns her brother is being kept against his will in a relative's house. She approaches the Sub-divisional Magistrate, who issues a search-warrant. Officers search, find her brother, and bring him straight before the magistrate, who orders his release.
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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