Chapter VII
Section 100 CrPC: Persons in charge of closed place to allow search
New Law Update (2024)
Section 103 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(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 on 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).
Important Sub-Sections Explained
Section 100(4)
This sub-section mandates the presence of at least two independent and respectable witnesses from the locality during any search. Their role is crucial to ensure that the search is conducted fairly and transparently, thereby preventing malpractices by the investigating authorities.
Section 100(6)
This provision grants the occupant of the place being searched, or someone on their behalf, the right to be present throughout the search. Furthermore, a copy of the list of seized items, signed by the witnesses, must be provided to the occupant, enhancing accountability and protecting their interests.
Landmark Judgements
State of Punjab v. Balbir Singh (1994):
This landmark Supreme Court ruling underscored the mandatory nature of Section 100 CrPC provisions, especially regarding the requirement of independent witnesses during a search. It emphasized that any deviation from these procedural safeguards must be explained by the prosecution, and non-compliance could render the search illegal, impacting the admissibility of seized evidence.
P.P. Fathima v. State of Kerala (2000):
The Kerala High Court in this case reiterated the strict compliance required with Section 100 CrPC. It highlighted the importance of drawing up a panchnama (list of seized articles) in the presence of independent witnesses and delivering a copy to the occupant, ensuring transparency and preventing false implication.