The provisions with regard to search are laid down in Section 100 of the Code with the object of ensuring that searches are conducted fairly and squarely. A search must always be made in the presence of two or more independent and respectable inhabitants of the locality in which the place to be searched is situate.
It is the duty of the officer or the person about to make the search to call upon such witness before making the search. He may issue an order in writing to them or any of them, if so necessary.
The search shall be made in their presence and a list of things seized in the course of such search and of the places in which they are found shall be prepared by such officer or other person and signed by such witnesses.
ADVERTISEMENTS:
The occupant of the place searched or someone on his behalf shall, in every instance, be permitted to attend during the search, and a copy of the search list prepared, which shall be signed by two or more respectable witnesses of the locality called upon by the officer conducting the search, shall be delivered to such occupant or person.
When any person is searched, a copy of the list of things seized shall be given to such person. Any person who, without reasonable cause, refuses or neglects to attend and witness a search when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence of omission to assist a public servant when bound by law to give assistance under Section 187 of the Indian Penal Code and shall be liable to punishment with simple imprisonment for a term which may extend to one month, or fine up to Rs. 200/-, or both. (Section 100).