CrPC Section 100: Search of Closed Places – Rights & Obligations
1. Code:
Section 100 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explanation:
This section governs the search of closed places in criminal investigations. It outlines the procedures and conditions under which law enforcement can lawfully search enclosed spaces like houses, buildings, or vehicles.
Key points:
- Search warrants are generally required for searching closed places.
- The warrant must be issued by a Magistrate and must specify the place to be searched and the objects to be searched for.
- Specific grounds for obtaining the warrant are required, such as credible information that suggests the presence of evidence related to a crime.
- The search must be conducted in the presence of two witnesses, and a list of the items seized must be prepared.
- Exceptions exist to the warrant requirement, such as when a person is lawfully arrested and there is a reasonable suspicion that they possess evidence related to the crime in their possession.
3. Illustration:
Suppose a police officer receives information that a suspect in a theft case is hiding stolen goods in their house. The officer can apply to a Magistrate for a search warrant. The Magistrate, after considering the evidence, can issue a warrant authorizing the search of the suspect’s house. The search must be conducted in the presence of two witnesses, and a list of the items seized must be prepared.
4. Common Questions and Answers:
- Q: Can a police officer search my house without a warrant?
- A: Generally, no. A warrant is required, unless there are specific exceptions. These exceptions include instances of lawful arrest or imminent danger.
- Q: What are the grounds for obtaining a search warrant?
- A: The Magistrate must be satisfied that there is credible information suggesting that evidence related to a crime exists at the place to be searched.
- Q: Can I refuse to allow the police to search my house?
- A: Yes, you can refuse a search without a valid warrant. However, it’s crucial to understand that refusing a lawful search with a warrant can have legal consequences.
