SOP Station House Management by Kerala Police

96 8. ARREST, SEARCH AND SEIZURE
(e) Objects considered
as obscene under
Section 292 of IPC
(45 of 1860)
(f) Instruments that
may be used for
the production of
the above objectionable
articles.
3. Power to declare certain
publications forfeited
and to issue searchwarrants
for the same.
Section 95 CrPCgives
the power to the Court
to declare some publications
forfeited. The
Court can issue search
warrants for those publications
and if the State
Government finds that
any article, newspaper,
document or book may
contain some matter
which is punishable under
the following sections
that are 124A,
153A, 153B, 292, 293
or 295A of IPC, it can
declare every copy of
such material to be forfeited
to the Government.
The Magistrate
can authorize any Police
Officer to seize those
documents. As per the
warrant, the Police may
enter and search the
suspected document on
any premises. The point
to note here is, the Police
Officer appointed
for the search, cannot
be below the rank of
Sub- Inspector. The
term “Newspaper” and
“Book” have the same
meaning as said in the
Press and Registration
of Books Act, 1867, and
the word “Document”
includes any drawing,
painting, photograph,
or other visible presentations.
4. Search for persons
wrongfully confined:
Section 97 CrPCis regarding
the search of
a person whose confinement
amounts to
an offence. If any District,
Sub-Divisional, or
a First-Class Magistrate
has a reason to believe
the same, he may issue
a search warrant.
The person to whom
the search warrant is
addressed has to search
the confined person and
if he finds the confined
person, he has to produce
him immediately
before the Magistrate
for further proceedings.
Section 98 covers the
aspects involved for the
restoration of an abducted
woman including
a female child under
the age of 18. Section 99
covers the directions for
search warrants. The
provisions of Sections
38, 70, 72, 74, 77, 78
and 79 are applied to
all the search warrants
issued.
8.27 Persons
in charge of
closed place to
allow search
(Section: 100 CrPC)
(1) Whenever any place
liable to search of 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 situated 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