законодательной базы данных

Section 88 When search warrant may be issued and proceedings thereunder.

(1) A District Magistrate who is satisfied, by evidence upon oath, that there is reasonable ground for believing that there is in any building, vessel, carriage, box, receptacle, or place—

(a) anything upon or in respect of which any offence has been or is suspected to have been committed, for which according to any law for the time being in force, the offender may be arrested without warrant; or

(b) anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence; or

(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing an offence against the person for which, according to any law for the time being in force, the offender may be arrested without warrant,may at any time issue a warrant under his hand authorising any constable to search any such building, vessel, carriage, box, receptacle, or place for any such thing, and to seize and carry it before the Magistrate issuing the warrant or some other Magistrate to be by him dealt with according to law.

(2) If the thing to be searched for is gunpowder or any other explosive or dangerous or noxious substance or thing, the person making the search shall have the same powers and protection as are given by any law for the time being in force to any person lawfully authorised to search for any such thing, and the thing itself shall be disposed of in the manner as directed by any such law or, in default of such direction, as the Superintendent of Police may direct.

Section 91 Detention of articles seized.

(1) When any thing is seized under a search warrant and brought before any Magistrate, he may detain or cause it to be detained, taking reasonable care that it is prescribed till the conclusion of the case; and if any appeal is made, he may order it further to be detained for the purpose of or pending an appeal. If no appeal is made, the Magistrate shall direct the thing to be restored to the person from whom it was taken, except in the cases hereinafter mentioned, unless he is authorised or required by law to dispose of it otherwise.

(2) If, under any such warrant, there is brought before any Magistrate any forged bank note, bank note paper, or instrument, or anything the possession of which, in the absence of lawful excuse, is an offence according to any law for the time being in force, the Magistrate may direct it to be detained for production in evidence or to be otherwise dealt with as the case may require.

(3) If, under any such warrant, there is brought before any Magistrate any counterfeit coin or other thing, the possession of which, with knowledge of its nature and without lawful excuse, is an offence according to any law for the time being in force, it shall be delivered up to the Superintendent of Police, or to any person authorised by him to receive it, as soon as it has been produced in evidence, or as soon as it appears that it will not be required to be so produced.

Section 93 Search without a warrant in certain cases when articles are being conveyed, etc.

Whenever a police officer has reasonable cause to believe that any article which has been stolen or otherwise unlawfully obtained, or in respect of which a criminal offence has been, is being, or is about to be committed, is being conveyed, or is concealed or carried on any person in a public place, or is concealed or contained in any package in a public place, for the purpose of being conveyed, then and in any such case, if the police officer considers that the special exigencies of the case so require, he may without a warrant or other written authority apprehend, seize, and search any such person, package, or article, and may thereupon take possession of and detain such article together with the package, if any, containing it, and may also arrest any person conveying, concealing, or carrying the same as aforesaid.