General provisions relating to search and miscellaneous || Section - 99 to 105 Chapter - 7 of CRPC

99. Direction, etc., of search-warrants.—The provisions of sections 38, 70, 72, 74, 77, 78 and 79
shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or
section 97.
100. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or

(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).
101. Disposal of things found in search beyond jurisdiction.—When, in the execution of a
search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the
things for which search is made, are found, such things, together with the list of the same prepared under
the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant,
unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case
the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to
the contrary, such Magistrate shall make an order authorising them to be taken to such Court.
D.—Miscellaneous
102. Power of police officer to seize certain property.—(1) Any police officer may seize any
property which may be alleged or suspected to have been stolen, or which may be found under
circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report
the seizure to that officer.
1
[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the
Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently
transported to the Court, 2
[or where there is difficulty in securing proper accommodation for the custody
of such property, or where the continued retention of the property in police custody may not be
considered necessary for the purpose of investigation,] he may give custody thereof to any person on his
executing a bond undertaking to produce the property before the Court as and when required and to give
effect to the further orders of the Court as to the disposal of the same:]
103. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be
made in his presence of any place for the search of which he is competent to issue a search-warrant.
104. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any
document or thing produced before it under this Code.
105. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which
this Code extends (hereafter in this section referred to as the said territories) desires that—
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to
produce it, or
(d) a search-warrant,