Chapter VII
Section 97 CrPC: Search for persons wrongfully confined
New Law Update (2024)
Section 106 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Smt. Saroj Rani v. Smt. Usha Rani, 1989 Cr.L.J. 1383 (P&H):
This case highlighted the broad interpretation of “wrongful confinement” under Section 97 CrPC, affirming that the Magistrate’s power extends to situations where a wife is confined by her in-laws, and emphasized the summary nature of the inquiry for immediate relief.
Smt. Preeti Prakash Dixit v. State of U.P., 2013 (2) ALJ 286 (All):
The Allahabad High Court reiterated that Section 97 CrPC is a summary remedy intended for the immediate production and release of a wrongfully confined person and should not be used to resolve complex civil disputes like matrimonial issues, custody battles, or property rights, which require a detailed evidentiary process.
Draft Format / Application
IN THE COURT OF THE HON’BLE DISTRICT MAGISTRATE / SUB-DIVISIONAL MAGISTRATE / MAGISTRATE OF THE FIRST CLASS, [City/District]
[Name of Applicant]
S/o, D/o, W/o [Father/Husband’s Name]
Aged about [Age] years,
Residing at [Applicant’s Address]
…Applicant
VERSUS
[Name of Respondent 1]
S/o, D/o, W/o [Father/Husband’s Name]
Residing at [Respondent 1’s Address]
[Name of Respondent 2]
S/o, D/o, W/o [Father/Husband’s Name]
Residing at [Respondent 2’s Address]
…Respondents
**APPLICATION UNDER SECTION 97 OF THE CODE OF CRIMINAL PROCEDURE, 1973**
**FOR ISSUANCE OF A SEARCH WARRANT FOR THE PRODUCTION OF A WRONGFULLY CONFINED PERSON**
MAY IT PLEASE YOUR HONOUR:
The Applicant most respectfully submits as under:
1. That [Name of Confined Person], S/o, D/o, W/o [Father/Husband’s Name], aged about [Age] years (hereinafter referred to as “the confined person”), is a [relationship of confined person to applicant, e.g., son/daughter/wife/relative] of the Applicant.
2. That the Applicant has reason to believe and verily believes that the confined person has been illegally and wrongfully confined by the Respondents at [Specific Address/Location where confined person is believed to be confined, e.g., House No. X, Street Y, Locality Z, City] since [Date/Time of Confinement] without any lawful justification or authority.
3. That the circumstances of such confinement amount to a cognizable offence punishable under [mention relevant sections of IPC if applicable, e.g., Section 342, 365, etc. or simply state “the Indian Penal Code, 1860”].
4. That despite the Applicant’s repeated attempts to contact or meet the confined person, the Respondents have refused access and have unlawfully restrained the confined person, thereby infringing upon their fundamental right to personal liberty.
5. That the Applicant apprehends that the life, safety, and liberty of the confined person are at grave risk if immediate intervention is not made.
6. That this Hon’ble Court has the jurisdiction to entertain and try the present application.
**PRAYER**
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a) Issue a search warrant under Section 97 of the Code of Criminal Procedure, 1973, directing the Police Officer-in-Charge of Police Station [Name of Police Station] or any other competent person, to search the premises located at [Specific Address/Location of Confinement] for the confined person.
b) Direct that upon finding the confined person, he/she be immediately produced before this Hon’ble Court.
c) Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, to secure the liberty of the confined person.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
**(Signature of Applicant)**
[Name of Applicant]
**(Signature of Advocate for Applicant)**
[Name of Advocate]
[Enrollment No.]