CHAPTER 8 SEARCH & ARREST

Search Warrant: How search is to be made:

A search-warrant, is a warrant (order) issued by the Magistrate to the Police Officer to search a particular place or places and to seize the thing or things or to discover persons who are wrongfully confined (The II Schedule to Cr.P.C. Has given the proforma of the search warrants).

A Search-Warrant may be issued for :-

(i) The production of a document or thing.

(ii) Search of a place suspected to contain any stolen property, forged documents etc.

(iii) Seizure of any forfeited publications and

(iv) To discover any person who has been wrongfully confined.The Search Warrant authorises Police Officer to enter and search the place to seize any article, thing, document which is required under the Warrant, to convey that to the Magistrate. It also authorises him to arrest and produce before the Magistrate any person found therein who is privy to the offence. In case of a confined person, after search and discovery, the person must be produced before the Magistrate


Search how made:

The Police Officer who is duly authorised to make the search may enter the place or places concerned, and the persons in charge of the place or house or closed place (godown etc), must allow free ingress and egress to him.

The Police Officer produces the items seized and the Mahajar-report before the Magistrate. The person arrested (or discovered) is also produced before the Magistrate. He also submits his report, thereof, to the Magistrate.


Arrest without Warrant:Sri. 41.

1.A Police Officer may arrest a person without a Warrant in the following circumstances:

a.Person concerned with a cognisable offence.

b.A proclaimed offender.

c.A person concerned with an extraditable crime.

d.Deserter of Army.

e.Released convict.

f.Person with house-breaking tool or with stolen property.

g.Habitual Offender.

1.Any person who commits a non-cognisable offence before the Police Officer and who refuses to give his name, address etc.

2.Any person who is designing to commit a cognizable offence.

Arrest by a Private Person:

A Private person may arrest a person who is committing in his presence, a non-bailable and cognisable offence or a proclaimed offender. But, without delay, he must make him over to the PoliceOfficer.

Arrest how made: Sn 46

The Police Officer is empowered to arrest in cognisable cases. But, he may arrest with a Warrant in non-cognisable cases. In so arresting he may touch or confine the accused unless he submits tothe arrest.

He may use force if the accused forcibly resists or attempts to evade the arrest.

He has no powers to kill except in extreme cases of escape and if accused of offences punishable with death or life imprisonment.

He is entitled to free ingress or egress and hence may break open any closed door or window. But, he should not enter a zanana but should give due notice of his entry. Decency is expected of the officer in such cases. The accused after arrest should not be put to unnecessary restraint.

The Police Officer should inform him the grounds of his arrest and to bail him in case of bailable offences. He should search the person and seize all articles, expect wearing apparel.

The search of a woman must be made by a woman police or by another woman.

Amendment 2005 Sub-section (4) has been added to prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances and where such circumstances exist the prior permission of the Judicial Magistrate of the first class is to be obtained

Weapons if any are also seized.

The arrested person and exhibits are to be produced before the Magistrate, with a report thereof.

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