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CAN SEARCH WARRANT BE ISSUED FOR RELEASE OF A PERSON UNDER UNLAWFUL DETENTION?

If a person is subjected to wrongful confinement and such information came to be acquainted by the District Magistrate, Sub Divisional Magistrate or the Magistrate of the First Class, he may issue a Search Warrant.

The Executant of the Search Warrant would follow the procedures laid down in Cr.P.C. and search the person who is said to be under confinement. Immediately upon discovering the person, the Executant must produce him in the Court and the Court shall pass an Order appropriately. The woman or a minor female child if kept under unlawful detention and a Complaint to this effect came to a District Magistrate, Sub Divisional Magistrate or a Magistrate of the First Class, he can pass an Order for immediate restoration of the woman or child to her liberty to her husband, parent, guardian or any other legally binding person. The Authority can also direct to use force to comply with his Order. 

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