CrPC Section 100 — Persons in charge of closed place to allow search

Summary

Sub-section (1) says that if a place covered by a search or inspection under this Chapter is closed, anyone living there or in charge of it must, when asked by the person carrying out the warrant and shown the warrant, allow entry and provide reasonable help for the search.

Sub-section (2) says that if entry cannot be obtained in this way, the person carrying out the warrant may proceed as provided in sub-section (2) of section 47.

Sub-section (3) allows a person in or near the place to be searched if there is reasonable suspicion that they are hiding on their person an item for which the search is being made. If the person is a woman, another woman must conduct the search, with strict regard for decency.

Sub-section (4) requires the person about to conduct a search under this Chapter to call on at least two independent and respectable local residents to attend and witness it. If no such resident is available or willing, the person may call residents of another locality. A written order may be issued to them, or any of them, to attend.

Sub-section (5) requires the search to take place in the witnesses’ presence. The person conducting it must prepare a list of everything seized and the place where each item was found, and the witnesses must sign the list. A witness to the search need not attend court about it unless the court specifically summons them.

Sub-section (6) says that the occupant of the place, or someone acting on the occupant’s behalf, must be allowed to attend the search. A copy of the list prepared under this section, signed by the witnesses, must be given to the occupant or that person.

Sub-section (7) requires a list of everything taken from a person searched under sub-section (3) to be prepared, and a copy of the list to be given to that person.

Sub-section (8) says that a person who, without reasonable cause, refuses or neglects to attend and witness a search after being called by a written order delivered or offered to them is deemed to have committed an offence under section 187 of the Indian Penal Code.

Official 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 in 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).

Sections referred to

• CrPC §47 — Search of place entered by person sought to be arrested
• IPC §187 — Omission to assist public servant when bound by law to give assistance

Referred to by

• CrPC §165 — Search by police officer
• CrPC §166 — When officer in charge of police station may require another to issue search-warrant

Related Judgments

• RANJAN KUMAR CHADHA vs STATE OF HIMACHAL PRADESH — Supreme Court of India (2023)
• Shaikh Zahid Mukhtar vs The State of Maharashtra and Ors — Bombay High Court (Mumbai Principal Seat) (2016)
• THE STATE OF RAJASTHAN vs REHMAN — Supreme Court of India (1959)
• BALWINDER SINGH (BINDA) vs THE NARCOTICS CONTROL BUREAU — Supreme Court of India (2023)
• TRANSPORT COMMISSIONER, ANDHRA PRADESH vs SARDAR ALI, BUS OWNER — Supreme Court of India (1983)
• KARNAIL SINGH vs STATE OF HARYANA — Supreme Court of India (2009)

Old <-> New Code Mapping

• BNSS §103 — Persons in charge of closed place to allow search