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Rights during Search of Premises

The main provisions governing search of premises are as under:-

  1. 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.
  2. 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.).
  3. 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.
  4. 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.
  5. 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.
  6. As far as possible, the search should be avoided by the police, during the night.
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