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

What Section 100 CrPC Says

100. Persons in charge of closed place to allow search

(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).

Source: Section 100, Code of Criminal Procedure, 1973

Section 100 CrPC in Simple Words

When Section 100 CrPC Applies

• A person residing in, or in charge of, the closed place shall, on demand of the officer or other person executing the warrant and on production of the warrant, allow free ingress and afford all reasonable facilities for a search.
• If ingress cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by Section 47(2) CrPC.
• A person in or about the place who is reasonably suspected of concealing about the person any article for which search should be made may be searched. If that person is a woman, another woman shall make the search with strict regard to decency.
• Before making a search under the Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality to attend and witness the search.
• The search shall be made in the presence of the witnesses. The officer or other person shall prepare a list of all things seized and of the places in which they are found, and the witnesses shall sign it.
• The occupant of the place searched, or some person on behalf of the occupant, shall in every instance be permitted to attend during the search. A copy of the list, signed by the witnesses, shall be delivered to the occupant or that person.
• When a person is searched under Section 100(3) CrPC, a list of all things taken possession of shall be prepared, and a copy shall be delivered to that person.
• A person who, without reasonable cause, refuses or neglects to attend and witness a search when called upon by an order in writing delivered or tendered to the person shall be deemed to have committed an offence under Section 187 of the Indian Penal Code.

Example of Section 100 CrPC

When Section 100 CrPC Does Not Apply

• Section 100(1) CrPC speaks of a search under the Chapter. It does not deal with a search made under a provision outside the Chapter.
• Section 100(3) CrPC speaks of a person in or about the place. It does not deal with the search of a person who is not in or about the place.
• Section 100(8) CrPC speaks of a person called upon by an order in writing delivered or tendered. It does not deal with a person asked to witness a search without an order in writing.

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