enable him to attend within the time specified therein, such property, or, if the same has been sold, the nett proceeds of the sale, or if part only thereof has been sold, the nett proceeds of the sale and the residue of the property, shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him 1. D.—Other rules regarding processes. warrant in 90. A Court may, in any case in which it is empowered Issue of by this Code to issue a summons for the appearance of any lieu of, or person other than a juror or assessor, issue, after recording its in addition reasons in writing, a warrant 2 for his arrest (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded 3 or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. to, sum mons. take bond 91. When any person for whose appearance or arrest the Power to officer presiding in any Court is empowered to issue a sum- for appearmons or warrant is present in such Court, such officer may ance. require such person to execute a bond with or without sureties for his appearance in such Court. breach of 92. When any person who is bound by any bond taken Arrest on under this Code to appear before a Court does not so appear, bond for the officer presiding in such Court may issue a warrant appeardirecting that such person be arrested and produced before him. ance. 93. The provisions contained in this chapter relating to a Provisions summons and warrant and their issue, service and execution in chap. vi generally shall, so far as may be, apply to every summons and every applicable warrant of arrest issued under this Code. 1 Any Magistrate may order delivery, Sched. III. i. cl. (5). 3 2 See form, Sched. V. No. 7. 4 Mad. 393. to sum monses and warrants of arrest. Summons document or other thing. CHAPTER VII. OF PROCESSES TO COMPEL THE PRODUCTION OF DOCUMENTS A.-Summons to produce. 94. Whenever any Court, or, in any place beyond the to produce limits of the towns of Calcutta and Bombay, any officer in charge of a police-station 1, considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it at the time and place stated in the summons or order. Procedure as to letters and Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he cause such document or thing to be produced instead of attending personally to produce the same. Nothing in this section shall be deemed to affect the Indian Evidence Act, 1872, sections 123 and 1242, or to apply to a letter, post-card, telegram or other document in the custody of the Postal or Telegraph authorities. 95. If any document in such custody is, in the opinion of any District Magistrate, Chief Presidency Magistrate, High telegrams. Court or Court of Session, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the Postal or Telegraph authorities, as the case may be, to deliver such document to such person as such Magistrate or Court directs. 1 Sec. 4, cl. (0), supra. 2 which regulate the giving of evidence as to affairs of State and the disclosure of official communications. Persons summoned to produce documents do not become witnesses by merely producing them. See the Evidence Act, sec. 139. If any such document is, in the opinion of any other Magistrate, or of any Commissioner of Police or District. Superintendent of Police, wanted for any such purpose, he may require the Postal or Telegraph Department, as the case may be, to cause search to be made for and to detain such document, pending the orders of any such District Magistrate, Chief Presidency Magistrate or Court. B.-Search-warrants. search 96. Where any Court has reason to believe that a person to when whom a summons or order under section 94 or a requisition warrant under section 95, paragraph one, has been or might be ad- may be dressed will not or would not produce the document or other thing as required by such summons or requisition, or where such document or other thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed may search or inspect in accordance therewith and the provisions hereinafter contained 1. Nothing herein contained shall authorise any Magistrate, other than a District Magistrate or Chief Presidency Magistrate, to grant a warrant to search for a document in the custody of the Postal or Telegraph authorities 2. issued. restrict warrant. 97. The Court may, if it thinks fit, specify in the warrant 3 Power to the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. house sus 98. If a District Magistrate, Sub-divisional Magistrate, Search of Presidency Magistrate or Magistrate of the first class, upon pected to information and after such inquiry as he thinks necessary, has contain reason to believe that any place is used for the deposit or sale perty, of stolen property, stolen pro forged documents, or for the deposit or sale or manufacture of forged docu- etc. Disposal of things found in search beyond jurisdiction. ments, false seals or counterfeit stamps or coin, or instruments or materials for counterfeiting coin or stamps or for forging, or that any forged documents, false seals or counterfeit stamps or coin, or instruments or materials used for counterfeiting coin or stamps or for forging, are kept or deposited in any place, he may by his warrant authorise any police-officer above the rank of a constable (a) to enter, with such assistance as may be required, such place, and (b) to search the same in manner specified in the warrant, and (c) to take possession of any property, documents, seals, stamps or coins therein found which he reasonably suspects to be stolen, unlawfully obtained, forged, false or counterfeit, and also of any such instruments and materials as aforesaid, and (d) to convey such property, documents, seals, stamps, coins, instruments or materials before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety, and (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale, or manufacture or keeping of any such property, documents, seals, stamps, coins, instruments or materials, knowing or having reasonable cause to suspect the said property to have been stolen or otherwise unlawfully obtained, or the said documents, seals, stamps, coins, instruments or materials to have been forged, falsified or counterfeited, or the said instruments or materials to have been or to be intended to be used for counterfeiting coin or stamps or for forging. 99. When, in the execution of a search-warrant at any place beyond the local limits of the jurisdiction of the Court which issued the same, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court. C.--Discovery of persons wrongfully confined. 100. If any Presidency Magistrate, Magistrate of the first Search for class or Sub-divisional Magistrate has reason to believe that persons wrongfully any person is confined under such circumstances that the con- confined. finement amounts to an offence1, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person if found shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper 2. D.-General provisions relating to searches. 101. The provisions of sections 43, 75, 77, 79, 82, 83 and Direction 843 shall, so far as may be, apply to all search-warrants issued under section 96, section 98, or section 100. etc. of searchwarrants. closed 102. Whenever any place liable to search or inspection Persons in under this chapter is closed, any person residing in, or being charge of in charge of, such place shall, on demand of the officer or other place to person executing the warrant and on production of the warrant, search. allow him free ingress thereto, and afford all reasonable facilities for a search therein. If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in manner provided by section 48. allow be made in presence of 103. Before making a search under this chapter, the Search to officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place witnesses. to be searched is situate to attend and witness the search. The search shall be made in their presence, and a list of all 1 See the Penal Code, secs. 339, 340. * For the power of the High Courts in Calcutta, Madras and Bombay to issue directions in the nature of a habeas corpus, see sec. 491, infra. For the powers of Presidency Magis- 3 As to executing warrants of arrest. |