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110 captures

27 Sep 2007 - 14 Jul 2024

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About this capture

COLLECTED BY

Organization:Alexa Crawls

Starting in 1996,Alexa Internet has been donating their crawl data to the Internet Archive. Flowing in every day, these data are added to theWayback Machine after an embargo period.

Collection:Alexa Crawls

Starting in 1996,Alexa Internet has been donating their crawl data to the Internet Archive. Flowing in every day, these data are added to theWayback Machine after an embargo period.

TIMESTAMPS

15. Before making a search under sub-section (1), the special police officer¹[ or the trafficking police officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of whom shall be a women) of the locality in which the place to be searched is situated, to attend and witness the search, and may issue an order in writing to them or any of them so to do :
    ³[Provided that the requirement as to the respectable inhabitants being from the locality in which place to be searched is situate shall not apply to a woman required to attend and witness the search].
    (3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).
    ⁴[(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under sub-section(1 ) shall be entitled to remove therefrom all the persons found therein].
    (5) The special police officer¹[or the trafficking police officer, as the case may be ,] after removing ⁵[ the²[person]] under Sub-section (4) shall forthwith produce him before the appropriate Magistrate.
    ¹[(5A) Any person who is produced before a Magistrate under sub-section (5), shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases.

    Explanation.- In this sub-section, "registered medical practitioner " has the same meaning as in the Indian Medical Council Act, 1956 (102 of 1956)].
    (6) The special police officer¹[or the trafficking police officer, as the case may be,] and other persons taking part in , or attending, and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with, or for the purpose of the search.
    ¹[(6A) The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any women or girl removed under sub-section (4) is required to be interrogated, it shall be done by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation.

    Explanation .- For the purposes of this sub-section and section 17A, "recognised welfare institution or organisation " means such institution or organisation as may be recognised in this behalf by the State Government.]
    [ (7) The provisions of the Code of Criminal Procedure, 1973, (2 of 1974) shall so far as may be apply to any search made under this section as they apply to any search under the authority of a warrant issued under section 94 of the said Code].

    COMMENTS
    This section empowers the special police officer or the trafficking police officer- 

    1. to enter and search premises without warrant;
    2. to call upon 2 or more respectable inhabitants of the locality to attend and witness the search;
    3. to remove from the premises all the persons found therein.
       Any person who refuses or neglects to attend and witness a search shall be liable to be prosecuted under section 187 of the Indian Penal Code.
       The searching police officer shall be bound to produce the person(s) before the appropriate Magistrate.
       The person(s) shall have to be examined by a registered medical practitioner for various purposes.
       No civil or criminal proceedings could be instituted against the searching police officer and search -witnesses.
       Any woman or girl who has been removed under sub-section (4) can be interrogated  -
       1. by a woman police officer; or
       2. in the presence of a lady member of a recognised welfare institution or organisation.

    ¹[ 16. Rescue of person.- (1) Where a magistrate has reason to believe from information received from the police or from any other person authorised by the State Government in this behalf or otherwise, that ²[any person is living, or is carrying on or is being made to carry on, prostitution in a brothel,] he may direct a police officer not below the rank of a sub-inspector to enter such brothel, and to remove therefrom such³[person] and produce him before him.
    (2) The police officer, after removing the ³[person], shall forthwith produce him before the magistrate issuing the order.

    COMMENTS
    A magistrate may direct a police officer not below the rank of a sub-inspector to enter brothel and remove person therefrom.
    After removing the person, the police officer must forthwith produce him before the magistrate.

20. 21.