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Rights during Search of Premises
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The main
provisions governing search of premises are as under:-
- Under Police Regulations 111, the Police personnel are expected to satisfy the people
under search, that the police is not in possession of any objectionable
object.
- When the Search has to be carried out, the person in charge of the premises should assist
the police, after production of Search Warrant (Section 100 Cr.P.C.).
- The Police, if not allowed by the person in charge of the premises, can enter the
premises by force, as per provisions of law. If the premises are occupied by a lady, who
is not wanted by Police and traditionally does not come before strangers, the Police has
to inform in advance, so that the lady has the option of moving out.
- If a lady has to be searched, it is to be done by a lady constable with due regards to
the dignity of the lady.
- The Search Party, has to look for 2 independent witnesses. Such witnesses, if agree to
be present during the search, should sign, the Search Memo. A copy of Search Memo should
be given to the owner of the premises.
- As far as possible, the search should be avoided by the police, during the night.
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