B.--Search-warrantsCentral

Section 97 of The Code of Criminal Procedure, 1973

If 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.

Summary

Magistrates can issue a search warrant if they suspect someone is being held in a way that is a crime.
The person found during the search must be taken immediately to a Magistrate.
The Magistrate then has the authority to make any order that seems proper for the situation.

Practical examples

1A neighbor hears cries for help and suspects that a man has locked his sister in a small back room to prevent her from traveling.

2A concerned citizen informs a magistrate that a group of people are being kept in illegal confinement at a remote farmhouse.

FAQ

1. When can a warrant be issued for a person under Section 97 of the Code of Criminal Procedure, 1973?

A warrant can be issued under Section 97 of the Code of Criminal Procedure, 1973 if a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class has reason to believe a person is confined under circumstances that amount to an offence.

2. What happens to a person found during a search under Section 97 of the Code of Criminal Procedure, 1973?

If the person is found, they must be immediately taken before a Magistrate, who will then make a proper order based on the circumstances of the case under Section 97 of the Code of Criminal Procedure, 1973.

3. Which officials can issue a search warrant for wrongfully confined persons under Section 97 of the Code of Criminal Procedure, 1973?

The District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class are authorized to issue such a warrant under Section 97 of the Code of Criminal Procedure, 1973.

Test yourself

Q1.Under Section 97 of the Code of Criminal Procedure, 1973, what is the primary condition for issuing a search warrant?

Q2.Who is the person found under a Section 97 warrant of the Code of Criminal Procedure, 1973 brought before?

Q3.Which of these Magistrates is NOT listed in Section 97 of the Code of Criminal Procedure, 1973 as having the power to issue this warrant?

Q4.Under Section 97 of the Code of Criminal Procedure, 1973, how must the search for a confined person be conducted?

96PreviousSection 96 Application to High Court to set aside declaration of forfeiture.98NextSection 98 Power to compel restoration of abducted females.

←Section 96 Section 98→