CODE OF CRIMINAL PROCEDURE, 1973

Power to compel restoration of abducted females Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magis-trate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

Search for persons wrongfully confined If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, 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.  

Application to High Court to set aside declaration of forfeiture (1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made. (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 95, set aside the declaration of forfeiture. (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

Power to declare certain publications forfeited and to issue search warrants for the same (1) Where— (a)   any newspaper, or book, or (b)   any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be. (2) In this section and in section 96,— (a)   “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867) ; (b)   “document” includes any painting, drawing or photograph, or other visible representation. (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 96. COMMENTS Supreme Court on old section 99A – It will be of interest to note here that the Supreme Court has in State of U.P. v. Lalai Singh Yadav AIR 1977 SC 202 interpreting the old section 99A, held that a formal authoritative setting forth in an order or notification of grounds and reasons for the forfeiture of a book or any publication is statutorily mandatory under the Code. This conclusion establishes a constitutional rapport between the penal section 99A of the Code and the Fundamental Right of Expression under article 19 of the Constitution. The Court has observed : “The Government has the power and responsibility to preserve societal peace and to forfeit publications which endanger it. But what is thereby prevented is the freedom of expression, that promoter of the permanent interests of human progress. Therefore, the law [section 99A] fixes the mind of the administration to the obligation to reflect on the need to restrict and to state the grounds which ignite its action. To fail here, is to fault the order (of forfeiture).” Referring to the omission of the U.P. Government to give the grounds for the forfeiture of a book, the judgment said : “If you laze and omit, the law visits the order with voidness and this the State Government must realise specially because forfeiture of a book for a penal offence, is a serious matter, not a routine act to be executed with unconcern or indifference. The wages of neglect is invalidity, going by the text of the Code. These considerations are magnified in importance when we regard the changeover from the Raj to the Republic and the higher value assigned to the great rights of the people. Section 99A of the Code enables the aggrieved party to apply to the High Court to set aside the prohibitory order and the Court examines the grounds of Government order and affirms or upsets it. The Court cannot make a roving enquiry beyond the grounds set forth in the order and if grounds are altogether left out what is the Court to examine ? And by this omission, careless or calculated, the valuable right of the appeal to the Court is defeated. A construction of the section, fraught with such pernicious consequences and tampering with the basic structure of the statutory remedy must be frowned upon by the Court, if the liberty to publish is to be restricted only to the limited extent the law allows.”

Search of place suspected to contain stolen property, forged documents, etc (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a)   to enter, with such assistance as may be required, such place, (b)   to search the same in the manner specified in the warrant, (c)   to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies, (d)   to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety, (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 production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are— (a)   counterfeit coin ; (b)   pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962) ; (c)   counterfeit currency note ; counterfeit stamps ; (d)   forged documents ; (e)   false seals ; (f)   obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860) ; (g)   instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

When search warrant may be issued (1)(a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or (c) 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. (2) The Court may, if it thinks fit, specify in the warrant 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. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.  

Procedure as to letters and telegrams (1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court 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 authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

Summons to produce document or other thing (1) Whenever any Court or any officer in charge of a police station 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. (2) 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 causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed— (a)   to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or (b)   to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority. COMMENTS Scope of provision – It has been held by the Supreme Court in State of Gujarat v. Shyamlal Mohanlal Chokshi AIR 1965 SC 1251, that the section (old section 94 to which the present section corresponds) does not apply to the accused. No change has, therefore, been made in the section to codify the interpretation of the Supreme Court. Only one change has been effected in the section. In sub-section (3)(a), it has been made clear that the provisions of the Bankers’ Books Evidence Act, 1891 override the general provisions of the section.

Provisions of this Chapter generally applicable to summonses and warrants of arrest The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

Arrest on breach of bond for appearance When any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.