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Hierarchy of criminal courtSupreme Court

High Court

District and Session Court

Chief Judicial Magistrate

Judicial Magistrate First Class

Judicial Magistrate Second Class

Executive Magistrate

Appellate Court

Appellate Court

Appellate and Original Court

Original Court

Original Court

Original Court

Lok Adalat is there for all compoundable offence from DC, HC N SC*

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Power of Courts/ Magistrates/ Judges• 0

Executive Magistrate: Only Fine

JMFC II ClassAny sentence of

imprisonment not exceeding 1 year and fine not exceeding

Rs. 1000 or both

JMFC I class: Any sentence of imprisonment not exceeding 3 yrs and fine not exceeding Rs.

5000 or both

Chief Judicial Magistrate: Any sentence except: 1) Death sentence, 2) life

imprisonment 3) imprisonment not exceeding 7 years

Assistant Sessions Court: Any sentence except: 1) Death sentence, 2) life imprisonment 3) imprisonment not exceeding

10 years

Sessions Court/ Additional Sessions Court: Any sentence imposed by law however death sentence has to be confirmed

by the respective High Court

High Court: Any sentence authorized by Law

Supreme Court: Any Sentence authorized by law

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Police officers superior in rank of an officer in charge of a police station may exercise the same power throughout the local area to

which they are appointed as may be exercised by such officer within the limits of his station

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Contd…. • S-37 It’s the duty of every person to assist a Magistrate or Police when reasonably called to do-

a) for preventing the escape of any other person whom such Magistrate or Police officer is authorized to arrest;b) for preventing or suppressing a breach of the peace;c) preventing an injury attempted to be committed to any railway canal telegraph or other public property.

Here reasonably indicates no person is bound to obey an unreasonable order of Magistrate or Police officer.Likewise when a warrant is directed to a person other than a Police officer any other person may aid in the execution of such a warrant if the person executing the warrant is near at hand.S-38Section 37 casts an obligation on every person whereas section 38 is an optional one.

Every person who is aware of i) of the commission of or ii) of the intention of any other person to commit the below mentioned offenses, to forthwith give information to the nearest Magistrate or to the police officer. Omission to give such information is punishable under the Indian Penal Code unless proved that he had some reasonable excuses for not doing so. S- 39.. The offences under the Indian Penal code to the above are:

i) Offence against stateii) Offence against public tranquilityiii) Relating to gratificationiv) Relating to adulteration of goods and drugsv) Affecting lifevi) To theft, after preparation made for causing death, hurt or restraint in order to commit

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Contd… VII. Offence of robbery and dacoityVIII. Of criminal breach of trust by a public servantIX. Mischief against propertyX. House trespassXI. Of lurking house trespass andXII. Relating to currency notes and bank notesOne of the object of criminal law is that the earliest information must be communicated by those who are in the best position to obtain the same. It is the duty of every village officer to forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station whichever is nearer any information which he may possess in connection with the following matters:a) The residence of any notorious receiver or vendor of stolen property in or near the villageb) The resort to or through such village of any person known or suspected to be a thug robber escaped convict or proclaimed

offenderc) The commission, or intention to commit, in or near such village of any non-bailable offence or any offence punishable u/s 143,

144, 145, 147 and 148d) The occurrence in or near such village –

i) any sudden or unnatural deathii) of any death under suspicious circumstances

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Contd… iii) The disappearance from such village of any person in circumstance which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person.

e) The commission of or intention to commit at any place near such village but out of India any act which if committed in India would be an offence u/s 231-238, 302, 304,382, 392-399, 402, 435, 436, 449 450, 457, 460, 489A,B, C, D of the Indian Penal Code. [offence related to coin and government stamps, punishment for murder, culpable homicide not amounting to murder, theft after preparation of causing death etc., robbery and dacoity, mischief by fire or explosive, house trespass in order to commit offence punishable with death, imprisonment of life, lurking house trespass and offence related to currency notes and bank notes]f) Any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property regarding which the District Magistrate has with the previous sanction of the State government directed such a person to communicate information.Here in this section a person is bound to report information and not a mere rumor.

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Arrest without warrant• Arrest without warrant:The code authorizes by section 41 to arrest of any person by a police officer without a warrant and without an order from a Magistrate in respect of the following classes of persons:i) Any person who has been concerned in any cognizable offence or if a reasonable complaint has been made against him or if

credible information has been received or a reasonable suspicion exists of his having been so concerned ii) Who has in his possession without any lawful excuses any implement of house breakingiii) Who has been proclaimed as an offender wither under the Cr. PC or by any order of the State Government iv) In whose possession anything is found which may reasonably be suspected to be a stolen propertyv) Who obstructs a police officer while in execution of his duty or any person who has escaped at attempts to escape from lawful

custodyvi) Who is reasonably suspected of being a deserter from any of the armed forces of the Unionvii) Is concerned in any act committed at any place outside India which if committed in India would be punishable as an offence and

for which he is liable to apprehend or detained in custody in India under the law of extraditionviii) Who is a released convict and who has committed a breach of any rule made u/s 356(5) of the Codeix) For whose arrest any requisition in written or not has been received from another police officer for the arrest of that personx) When cognizable offence is committed in the presence of a Police officer and the person committing the offence refuses to give his

true name and residencexi) Who is a robber thief house-breaker habitual receiver of stolen property habitual kidnapper or abductor

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Arrest by private person.• Here the provision gives a wide power to Police officer. Such power can therefore be exercised only as provided in the section

and it is further necessary to be cautious and circumspect in exercising of the power.• If a person be arrested is covered by any of the above mentioned offence the police officer can arrest the person without

warrant even if the police officer is not in his uniform.• The court have cautioned that in cases where there is some personal enmity between the Police officer and the arrested person

a very high standard of evidence would be required to prove that police officer acted in good faith in arresting such a person.

• Arrest by private person:• A private person can arrest any person, under section 43 of the code, who in his presence committed a non-bailable and

cognizable offence or any person who is proclaimed offender. Any person so arrested must without unnecessary delay be handed over to a Police officer or to the nearest police station. If there is reason to believe that he has committed a non-cognizable offence and if refuses to give his name and address to the Police officer or gives a false one such person is to be dealt with section 42 as discussed above.

• The principle underlying this section was well expressed in an English case as follows: for the sake of preservation of the peace any individual who see it broken may restrain the liberty of him whom he sees breaking it, so long as his conduct shows that the public peace is being endangered by his acts.

• It cannot be argued that this setrion applies only to those acts when the offence committed in the presence of the private person is a substantive offence and that this pwower is not available when there is merely an attempt to commit an offence. But this section is equally applicable when the attempt is itself an offence and such an attempt is made in the presence of the other person.

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Arrest contd… • Other provisions relating to arrest: (46-60)In making the arrest the Police officer or any other person making the arrest can actually touch or confine the body of the person who is be arrested unless he submits to his custody. If the offender forcibly resists an endeavor to arrest him or attempts to evade the arrest the Police officer or the other person can use all the necessary means to effect the arrest. However this does not give a right to any person to cause the death of a person who is not accused of an offence punishable with death or life imprisonment. – 46. The police can enter and search the place entered by the offender. If ingress to such a place cannot be freely obtained the police officer an break open any door or window of such house for the purpose of entering the same. If any apartment is in the actual occupancy of a pardanashin women the police officer must before entering the apartment give notice to the lady to withdraw therefrom and only thereafter he can break open the apartment and enter it.- 47.For arresting an offender without warrant a police officer can pursue such person in any place in India. -48The person arrested is not to be subjected to any more restraint than it is necessary for preventing his escape. -49. Unnecessary restraint an physical inconvenience like tying of hands and feet is not to be resorted, unless it is absolutely necessary to do so.As soon as the person is arrested, police officer or the other person arresting him should immediately communicate to him the full particulars of the offence for which he is arrested or other grounds for the arrest. In case of a person who has been arrested without a warrant and who is not an accused of a non-bailable offence the police officer must also inform such person that he is entitled to be released on bail and that he may therefore arrange for his sureties. -50

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Contd.. • After making the arrest the police officer may search such person and place in safe custody all articles except

necessary clothes found on his body and give him a receipt for all such articles in the following two cases:-1. When a person is arrested by a police officer under a warrant which does not provide for bail or under a bailable

warrant but the person arrested cannot furnish bail2. When the person is arrested without a warrant and cannot be legally given bail or is unable to furnish bail.If such search has to be made of a female it should be made only by another female with strict regard to decency. – 51.If the person arrested has with him any offence weapons the officer or nay other person making the arrest may take away such weapons and deliver then to the court or to any officer before whom the arrested person is produced. – 52.If he is faced with a charge of committing an offence of such a nature that there is reasonable ground for believing that the examination of his person will afford evidence as to the commission of the offence a registered medical practitioner may, all the request of the police officer not below the rank of SI make a medical examination of such a person and use such force on him as may be necessary. If the person is female the examination can be made only by or under the supervision of a female registered medical practitioner.- 53.If the arrested person request himself the Magistrate can order a medical examination of the arrested person for the purpose of disproving that he has committed any offence, unless the Magistrate feels that such a request is fictitious or made for the purpose of delaying the procedure or defeating the ends of justice. -54

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Contd..

If arrested without a warrant by a police officer then he must without any unnecessary delay take or send the person so arrested to a Magistrate having jurisdiction or to an officer in-charge of a police station. No police officer can detain in custody of a person who has been arrested without a warrant for an unreasonably long period and in absence of Magistrate order this period cannot exceed 24 hours [excluding the time taken for travelling.] – 56,57.It is observed by the Hon’ble Supreme Court that the requirement to produce the arrested person before a judicial Magistrate within 24 hours of his arrest must be scrupulously observed

• If a person has been arrested by a police officer, he cannot be discharged, except on his own bond, or on his own bail, or under a special order of the Magistrate. -59

• If the person who is in lawfully custody escapes or is rescued the person from whose custody he escapes or is rescued can immediately pursue and arrest him in any place in India. - 60

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Summons.• Summons [Ss 61-69]• A summons is a from of process issued by a Court calling upon a person to appear before a Magistrate. Every summons issued

by a court must be in writing, in duplicate, and signed by the Presiding Officer of the Court. It must bear the seal of the court. -61. If any summons does not comply with all these requirements, it is invalid, and it can be objected to and be discharged by the person to whom it is addressed. The summons should be clear and specific in its terms as to the description of the court, the place, date and time at which the person summoned is to attend.

• Every summons must be served to the Police officer and if practicable must be served personally on the person who is summoned by delivering or tendering to him one of the duplicates of the summons. If so required by the serving officer the person on whom the summons is served must sign a receipt on the other copy.

• While serving summons to corporations it should be served on to the Secretary, Local Manager, or other principal Officer of the Corporation or by registered post addressed to the Chief Officer of such Corporations in India.

• If the summoned person is not found after due diligence then it may be served leaving a duplicate thereof with an adult male member of his family residing with him who must if so requested must give a receipt for it. A servant cannot be a member of the family for the purpose of accepting summons.

• Substituted service of summons is also dealt in the code. When the accused doe not reside in his usual place of residence and there be no other male member to accept the summons the substituted service comes into play and section 65 comes into action. After due diligence if service of summons cannot be effected in any manner prescribed the serving officer must affix a duplicate of the summons on some conspicuous part of the house where the person summoned ordinarily resides. In such case the court after making the necessary enquiries may either declare that the summons has been properly served or it may order fresh service of summons.

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Arrest warrant:• If served on a Government servant it should be served on the head of the office in which such person is employed. The head in turn

serve it to the person concerned and return it to the court with proper signature and endorsement.• If served outside the local jurisdiction of the court it is normally sent in duplicate to the magistrate within whose jurisdiction the

person summoned resides. If the officer who served the summons is not present at the hearing of the case then an affidavit made before the Magistrate to that effect the summons was properly served is admissible in evidence and all statement made in such an affidavit are presumed to correct unless otherwise proved to the contrary.

• Warrant of arrest: [Ss 70-81]• Ordinarily a warrant is issued in a serious crimes and after a duly served summons is disobeyed or if the accused has willfully

avoided the service of the summons.• The following are the requirement of a valid warrant:i) It must be in writingii) Must be signed by the presiding officer of the court issuing the warrantiii) Bear the seal of the courtiv) Contain the description of the person to be arrested with sufficient certainty so as to identify him clearlyv) Must clearly specify the offencevi) Name the person who is to execute such warrant.• Every such warrant shall remain in force until it is cancelled by the court which issued it or until it is executed.

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Contd.. • The court issuing a warrant for the arrest of person may in its discretion make an endorsement on the warrant that if

the person concerned executes a bond with sufficient sureties for his attendance before the court at specified times the officer executing the warrant can take such a security and release the person from custody. Such endorsement must state the following particulars namely:-

a) The number of the suretiesb) The amount in which the sureties are boundc) The time at which the person concerned is to attend before the court.For the purpose of the arrest of an escaped convict or a proclaimed offender or any person who is accused of a non-bailable offence and is evading arrest, the Chief Judicial Magistrate or a Magistrate of the first class can direct a warrant to any person within his local jurisdiction for the arrest of such a person.Before arresting the person the Police officer of the other person executing the warrant of arrest must notify the substance thereof to the person to be arrested and if so required also show him the warrant.A warrant of arrest can be executed in any place in India and the person executing it must without unnecessary delay bring the person arrested before the court which has ordered the production of such a person. Such delay should not exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrates Court.If executed outside the local jurisdiction of the Court which has issued it the court may forward it to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed and then such a person can execute the warrant in the same manner.

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Contd.. • When a warrent is executed outside the District in which it has been issued the arrested person must be taken

before a Magistrate or District Superintendent of Police or Commissioner of Police unless the court which has issued the warrant is within 30KMs of the place of arrest or is nearer than the Magistrate or District Superintendent of Police or Commissioner of Police as the case may be.

• The Executive Magistrate or District Superintendent of Police or Commissioner of Police as the case may be must direct the removal of the arrested person to the court issuing the warrant if such person appears to be the same person as was contemplated by such Court. if the offence is bailable and such a person is ready and willing to give satisfactory bail the Magistrate District Superintendent of Police or Commissioner of Police as the case may be must take such bail and forward the bond to the court issuing the warrant. Even if the offence is non-bailable it is open to a Chief Judicial Magistrate or the session Judge to release such a person on bail after considering the information and documents referred to in sec. 78(2)

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Difference- Summons Vs WarrantSummons Warrant

1. Is an order to a person to appear before a court2. Absconding to evade service of a summons is not so

punishable.3. Provisions relating to substituted service are peculiar to

the case of summons4. Issued to less serious crime.

1. Is an order to a police officer or other person to arrest a person

2. Absconding to evade service of a warrant is punishable under the law

3. Provisions related to substituted service are not available in case of warrant.

4. Issue of warrant is a more drastic step. Issues to a more serious crime.

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Proclamation and attachment• Proclamation and attachment: [Ss 82-86]• If a court has reason to believe that any person to whom a warrant has been issued by it has absconded or is canceling

himself so that the warrant cannot be executed the court may publish a written proclamation requiring him to appear at the specified place and at a specified time which should not be less than 30 days from the date of publishing the proclamation.- 82

• Such a proclamation is to be published as follows:a) Must be publicly reads I some conspicuous place of the town or village in which such person ordinarily residesb) Must be affixed to some conspicuous part of the house where such person ordinarily residesc) A copy of proclamation should be affixed to some conspicuous part of the Court.d) If the court so directs a copy of the proclamation is also to be published in a daily news-paper circulating in place in

which such person ordinarily resides.Sub-clauses a-c are conjunctive and not disjunctive i.e. all the three modes of publication are proved there can be no valid publication of the proclamation. Under this section the previous issue of a warrant against the person concerned is a necessary condition. Therefore if the court has no jurisdiction or authority to issue a warrant an order for the issues of a proclamation would be illegal.It is necessary that the person must have absconded or he must be concealing himself so that the warrant cannot be executed.

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• At any time, after the issue of the proclamation the Court may also issue an order for attachment of any property moveable or immoveable of the proclaimed offender.- 83.. Such an order of attachment can also be issued simultaneously with the proclamation in the following two cases:

i) If such person is about to dispose of the whole or any part of his property ii) If such person is about to remove the whole or any part of his property from the local jurisdiction of the court.• If the property ordered to be attached is a debt or other moveable property the attachment is to be made:-a) By seizureb) By appointment of a receiverc) By an order in writing prohibiting the delivery of such property to the proclaimed person or to any one of his behalfd) By any combination of the above methods as the court thinks fit• If it is related to immoveable property the attachment is to be made through the Collector of the Distirict in the case of land on which

revenue is payable to the State Government.• In all other cases attachment of immoveable property is to be madea) By taking possessionb) By appointment of a receiverc) By an order in writing prohibiting the payment of rent or delivery of property to the proclaimed person or to any one on his behalfd) By a combination of any of the above methods as the court thinks fit,

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• If the attachment is related to live stock or of a perishable nature the Court may order an immediate sale thereof and also issue direction as regards the proceeds of such a sale.

• If the proclaimed person makes his appearance within the time specified in the proclamation the Court must pass an order releasing the property from the attachment. However if such a person does not appear within the specified time the attached property is at the disposal of the State Government . Such property cannot be sold until 6 months have expired from the date of attachment and until all claims or objections made with reference to such property has been disposed off.

• Remedies:. The following four remedies are available to an aggrieved person in this connection: i) By way of a claim or objection u/s 84ii) By way of a civil suit to establish a claimiii) An appeal can be filed u/s 86iv) Under certain circumstance a revision application will lie• If any claim or other objection is made the attachment of any property attached under the above said provisions within

6 months from the date of the attachment by any person other than the proclaimed offender on the ground that such claimant or objector has an interest in such property and that such interest is not liable to be attached such claim or objection is to be inquired into by the court and may be allowed or disallowed in whole or in part.

• If such claim is disallowed the aggrieved party may with one year from the date of the order institute a regular suit to establish his right to such property. This provision is similar to the rule 58 of order 21 of the CPC.

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• Summons to produce: S 91-92• Production of books articles documents and other things facilities the trial proceedings sometimes.• Whenever any court or any officer in charge of a police station considers that production of any documents or other things is necessary or

desirable for the purpose of investigation a summons may be issued to the person in whose possession or power of such document or thing is believed to be requiring him to be produce it or merely to produce it at the time and place mentioned in the summons.- 91.. If a person is merely to produce a document or thing he may cause it to be produced instead of personally attending and producing the same and this becomes a sufficient compliance with summons.

• Such summons will be applicable to any letter, post card, telegram, parcel, or other document or things in the custody of the post and telegram authorities. Such summons cannot also affect sections 123 & 124 of the Indian Evidence Act.

• Any document parcel or thing is required for the purpose of investigation inquiry trial or other proceedings and the same is in the custody of the Post and Telegraph authorities the Magistrate can require such authority to deliver the same to such person as may be directed by the Magistrate.

• Search warrant: Ss 93-98• The court is empowered to issue search warrant in the following cases:a) Where the court has reason to believe that the person to whom a summons or order or requisition is addressed will not be produce

such a document or things.b) Where such document or thing is not known to the court to be in the possession of any particular person orc) Where the court considers that the purpose of any inquiry trial or other proceedings would be served by a general search or

inspection.- 93

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• Under clause a and b the search warrant must be for a specific property and not for a property general. Ie there cannot be a general search warrant/ fishing inquiry.

• The section is not violative of Art. 20(3) of the Constitution of India which provides protection against testimonial compulsion.

• The section would not apply to case where a warrant is issued on the complaint of the husband for the production of his wife who has gone away to her fathers house with some property of the husband

• Remedies available:• The following remedies are available to an aggrieved person against whom a search warrant has been issued:1. A writ petition under Art. 226 of the Constitution would lie for quashing an illegal search warrant and for the

return of the seized thing or document.2. An order passed u/s 93 can be set aside u/s 401 of the code in revision, if it can be shown that the Magistrate

had not applied his mind judicially to the requirement s of law and that he had granted the search warrant in an arbitrary fashion.

3. A search which is carried out in a contravention of law constitutes an actionable trespass and a suit for damages can be filed against the person executing the illegal warrant.

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• If a District magistrate upon information and after necessary inquiry has reason to believe that any place is used for the deposit or sale of stolen property or for the deposit sale or production of any objectionable articles he may issue warrant authorizing any police officer above the rank of a Constable

a) To enter such place with such assistance as may be required b) To take possession of any property or article found therein which he reasonably suspects to be a stolen property or any objectionable

article c) To search the same in the manner specified in the warrantd) To convey such property or articles before a Magistrate or to guard the same on the spot until the offender is taken before a Magistrate or

otherwise to dispose of it in some safe placee) To take into custody and produce before a Magistrate every person found in such place who appears to have been privy to the deposit sale

or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or as the case may be an objectionable article. -94

• The list of objectionable articles as mentioned above are as follows:-a) Counterfeit coinsb) Pieces of metal made into India in contravention of Metal Tokens Act 1889 or brought into India in conservation any Notification for the

time being in force u/s 11 of the Customs act 1962c) Counterfeit currency notes and counterfeit stampsd) Forged documentse) False sealsf) Obscene objects referred to in Sec. 292 of the IPC

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g) Instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f)• If any newspaper book or document appears to the state Government to contain any matter the publication of which is

punishable u/s 124A or 153A , B or 292 or 293 or 295A of the IPC the State Government may by notification declare every copy of that issue or book to be forfeited to the Government and thereupon any police officer can seize the same anywhere in India and any Magistrate can by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon nay premises where any copy of such issue or book may be or may be reasonably suspected to be and search for the same. – 95

• If any person is having any interest in such newspaper book or document can apply to the High Court to set aside such declaration. However such an application must be made within 2 months from the date of publication of such declaration in the Official Gazette. Such an application must be heard by a Bench of at-least 3 Judges of the High Court. if a High Court consists of less than 3 Judges then the Bench composed of all the Judges of that High Court. After a proper hearing the High Court may set aside the declaration of forfeiture. – 96

• Remedies for unlawful confinement:• If a Magistrate has reason to believe that any person is confined unlawfully he may issue a search warrant for the search of

such a person and if the person so confined is found he is to be taken immediately to a Magistrate who must pass such order as seems proper in the circumstance of the case. -97

• The section is an emergency provision which authorizes the Magistrate to issue a warrant if he has reason to believe the truth of an allegation. It does not require any detailed inquiry and is not concerned with the guilt of the person complained against.

• The main purpose of section 98 is to protect girls and women from detention for immoral purpose although the section is wide enough to cover detention which is clearly unlawful though not necessarily immoral.

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• General provisions:• If any place which is liable to be searched or inspected under the code is closed the person residing in or

whom is in charge of such a place must on demand allow the officer executing the warrant free ingress into such place and also afford him all reasonable facilities for a search in such place. If not provided then the officer may effect entrance into such place by breaking open any door or window of the place.

• Before making any search the Officer in Charge must call upon tow or more independent and respectable inhabitants of the locality to witness the search. The search is to be made in the presence of such witness and the list of all the things which are seized in the course of the search is to be prepared by the officer and signed by the witnesses. The witnesses are not be required to attend the court as a witness unless specially summoned by the Court for this purpose. If called and refuses to attend or neglects to attend he would become punishable for an offence u/s 187 of the Indian Penal Code (IPC)..