The narratives in Sections 38, 70, 72, 74, 77, 78 and 79 of the Code of Criminal Procedure to the maximum apply to all Search Warrants issued under Sections 93, 94, 95 or section 97 of Cr.P.C.
The Executant of a Search Warrant, if required to search or inspect a place and which is closed, the owner or the resident of the place on the production of Search Warrant he or his aide be allowed to enter into the premises for search.
Provided, if the entry into the premises is unable to obtain then the Executant or his aide could follow the procedure laid down in Section 47 of Cr.P.C.
It is suspected that the person who is being searched is hiding somewhere around the place close to his search and or having concealed the searched articles around such place, search should be made in such place. Provided, the searched person is a woman and she be discovered by a woman only, by following strict decency.
Before commencing search operation, any two or more respectable local residents must be called in and in their presence such search should be made. If such people were not available locally, then they must be called in from the near-by place and search be done in their presence provided they ready to stand as independent witnesses, a written order must be issued to them to do so.
The articles those seized in such places in the presence of those independent witnesses must be recorded in a list by the Officer who executes the Search Warrant or under his instructions his aide and finally witness signatures should be obtained in the list. Otherwise, no witnesses are required to appear in the Court unless they were summoned.
The occupant of the searched place or his representative must be allowed to attend while carrying out search. The seized articles list signed by the witnesses must be given to the occupant or his representative.
Similarly, when any search was made other than the place of the search, and the person against whom such Warrant was executed concealed his articles in that other place, in such case, the occupants or his representative be given such seizure list signed by the witnesses.
Any person who refuses or neglects to attend as a witness having after tendered written order to this effect, he shall be prosecuted under Section 187 of the IPC.
The Search Warrant issued by a Court beyond its local Jurisdiction for seizure of certain articles, and if they found upon search, those articles together with other things seized from such Search be listed. Then the articles be taken to the Court which issued Warrant. If that Court is far away, then the nearest Magistrate Court having Jurisdiction over the searched place or the other Court available therein and such Magistrate shall by an Order empowering the Executant to take it to appropriate Court. Also read Modus Behind Search Warrant: Â https://faqsonlaw.in/2020/08/19/modus-behind-search-warrant/