(1) If, in conducting investigation into any
offence under Schedule-1 or Schedule-2, the investigating authority
has a reasonable ground to suspect that any document, exhibit,
evidence, accused or other person connected with such offence is in
any place, the authority may search such person or place and seize
such document, exhibit or evidence.
(2) Prior to making a search pursuant to sub-section (1),
there shall be served on the person residing for the time being in the
house to be searched a notice in writing, accompanied by the reason
for making search, in the form referred to in Schedule-12.
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(3) In making a search pursuant to sub-section (1), it shall
be made upon executing a deed in the form referred to in Schedule-
13
(4) The investigating authority shall get the concerned
house owner or person to search him or her as well, prior to entering
into such place in order to make search pursuant to sub-section (1).
(5) In making a search of a house or room where only
women reside or stay pursuant to sub-section (1), such search shall
be made by entering into such house or room, being accompanied by
another wamen also, as far as possible.
Provided that in searching the body of a woman, such search
shall be caused to be made by a female police or by any other
woman if such police is not available for the time being.
(6) The employee making search shall prepare a deed in
duplicate containing the description of the objects connected with the
offence found during search, the scene and circumstance thereof,
give one copy of the deed to the concerned person and retain the
other copy in the case-file.
(7) If a person or place to be searched is located in the area
under jurisdiction of another police office, the investigating authority
may make a request in writing to such police office to make search
of such person or place.
(8) If a request is made pursuant to sub-section (7), a police
employee of that police office whose rank is at least assistant subinspector
of police shall search such person or place, prepare a deed
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referred to in sub-section (1) and send it to the authority making such
request.
(9) Notwithstanding anything contained in sub-section (7),
if the investigating authority thinks that any evidence could be
concealed or destroyed in the event of making a request in writing to
such police office, the investigating authority himself or herself may
go to the place or site where the person to be searched is staying and
search such person or place pursuant to this Section and shall give
information thereof to the concerned office or police office.
(10) If the authority making search pursuant to this Section
wishes to take with him or her any object connected with the offence
and found in the course of making search, he or she may do so only
after giving a receipt thereof to the concerned person.
(11) Except where there is a reasonable ground to believe
that any exhibit or evidence may be concealed or destroyed or the
suspected person may flee or escape if search of any place is not
made immediately, the search of a house owned by any person shall
be made any time from the sunrise to the sunset.
(12) Where the authority making search seeks an entry into
any house or place in the course of making a search pursuant to this
Section, the owner of the house or place or the person who has taken
charge of such house or place or any other person residing there for
the time being shall allow such authority to enter into such house or
place, by opening its gate or door or in any other manner, and if such
entry is denied, the authority making search may enter into the house
or place by breaking the key, if any, or breaking or demolishing only
such parts of the windows, doors, roofs, walls etc. of such house or
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place as may be necessary to enter into such house or place and in
such manner as to cause minimal loss or damage as far as possible.
(13) If, for any reason, it is not possible for a person who has
entered into any house or place to exit from it in a normal way after
making search pursuant to this Section, the person may exit from it
by breaking or demolishing any such part of its windows, doors,
roofs, walls etc. as may be necessary to exit from it and in such
manner as to cause minimal loss or damage as far as possible.
(14) Search must be made without carrying any objects other
than the clothes put on by the authority making search and any
employee deputed to assist the authority in making search and the
persons in whose presence the search is made pursuant to sub-section
(5) of Section 16 and the items to be used in the operation of search;
and the concerned person may, if he or she so wishes, search the
body of any such authority, employee or other persons prior to the
commencement of the operation of search.
(15) The authority who is competent to search any person,
house or place pursuant to this Section shall, prior to making such
search, show his or her identity card to the concerned house owner,
place owner or person to ensure that he or she is the authority
competent to make such search.