Code of Criminal Procedure Explained

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

Section 100(1) — Persons in Charge of Closed Place to Allow Search

• When a place liable to search is closed:
• any person residing in or being in charge
  • shall allow his free ingress thereto
  • on demand of the person executing the warrant and on production of the warrant

Section 100(4)

• Before making a search under this Chapter:
• the 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 so to do

Section 100(5)

• search shall be made in their presence and
• a list of all things seized shall be prepared and signed by such witnesses
• but no person witnessing a search
  • shall be required to attend Court as a witness of the search
  • unless specially summoned by it

Section 100(6)

• Occupant of the place searched
  • shall, in every instance, be permitted to attend during the search and
• a copy of the list prepared, signed by the said witnesses
  • shall be delivered to such occupant

Section 100(8)

• Any person who, without reasonable cause
  • refuses or neglects to attend and witness a search when called upon to do so by an order in writing delivered to him
• shall be deemed to have committed an offence u/s 187 IPC

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Section 102 — Power of Police to Seize Property

• 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 Commission of any offence
• Every police officer so acting
  • shall forthwith report the seizure to the Magistrate having jurisdiction…

Where

• the property seized cannot be conveniently transported to the Court or
• there is difficulty in securing proper accommodation for the custody of such property or
• continued retention of the property in police custody may not be considered necessary for 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

Where the Property So Seized

• is subject to speedy and natural decay and
• if
  • the person entitled to possession of such property is unknown or absent and
  • the value of such property is less than 500 rupees
• it may forthwith be sold by auction
  • under orders of the Superintendent of Police

Section 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

Section 104 — Power to Impound Documents Produced

• Any Court may impound
  • any document or thing produced before it

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