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.
Section 97: Search for persons wrongfully confined
The Code of Criminal Procedure, 1973Central Act · 1973
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Code of Criminal Procedure, 1973 |
|---|---|
| Section | 97 |
| Marginal note | Search for persons wrongfully confined |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 42 |
Judgments that turned on this provision
- CRLREV/699/2024 of SUBASINI MAHARANA Vs KUNJALATA MAHARANAHigh Court of Orissa · 2025-11-18
- ABA/876/2025 of DNYANESHWAR SHRIRAM LOHAR Vs THE STATE OF MAHARASHTRA AND ANOTHERBombay High Court · 2025-08-21
- CO/863/2025 of POULOMI BARIK Vs BISWAJIT BARIKCalcutta High Court · 2025-03-13
- CRM (A)/1592/2024 of SK. RAHIM ALI Vs THE STATE OF WEST BENGALCalcutta High Court · 2024-05-07
- APPLN/488/2022 of AISHWARYA ASHUTOSH SALE Vs ASHUTOSH SHIVAJI SALE AND ANR.Bombay High Court · 2023-11-08
- CRM (A)/3751/2023 of DIPAK MONDAL AND ORS. Vs STATE OF WEST BENGALCalcutta High Court · 2023-09-08
- WP/1788/2019 of KAPIL S/O SHIVRAJ PATIL AND ANR Vs ANITA W/O. KAPIL PATIL AND ANRBombay High Court · 2022-12-19
- APPLN/2242/2021 of SONAM W/O. SONU KAGDA Vs SONU RAMCHANDRA KAGDA AND OTHERSBombay High Court · 2022-09-14
- CRM/8642/2021 of KAUSAR SEKH Vs STATE OF WEST BENGALCalcutta High Court · 2022-02-04
- APPLN/3039/2019 of KALAVATI W/O. MARUTI PANCHAL AND ANR Vs THE STATE OF MAHARASHTRA AND ANRBombay High Court · 2021-01-18
- APPLN/1662/2018 of SANTOSH S/O. APPA SATHE AND ANR Vs THE STATE OF MAHARASHTRA AND ANRBombay High Court · 2019-11-11
- AO/17/2018 of SMT. RADHIKA W/O RAJESH @ ABHAY UNDAL Vs SHRI RAJESH @ ABHAY S/O SHYAMRAO S/O KUNDLIKRAO UNDAL AND ANOTHERBombay High Court · 2018-08-27
- APPLN/1140/2016 of MR. PRASHANT SUBHASH KHAIRNAR. Vs THE STATE OF MAHARASHTRA AND OTHERS.Bombay High Court · 2016-09-19
- APL/206/2014 of REKHA W/O ASHOK KAMBLE Vs STATE OF MAHARASHTRA, THROUGH ITS P.S.O. P.S. GHUGGUS, CHANDRAPUR AND ANOTHERBombay High Court · 2014-11-11
- APPLN/5359/2013 of SHWETA SHASHIKANT PATIL Vs THE STATE OF MAHARASHTRA AND OTHERSBombay High Court · 2014-02-28
- APPLN/2387/2012 of DATTATREY SARJERAO KOKATE AND ORS Vs THE STATE OF MAH AND ANRBombay High Court · 2012-06-27
- APPLN/1874/2012 of SHAILAJA SHANKAR RAUL Vs THE STATE OF MAH AND ORSBombay High Court · 2012-05-08
17 of 42 judgments on CourtMesh that cite this provision. Create a free account to search all of them.
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