The powers of the police

THE ROLE OF THE POLICE IN CRIMINAL PROCEDURE

The main duty of the police is to maintain law and order. As part of their duties, they detect crime and

apprehend criminal offenders. They also ensure safety of persons and property. To perform these

functions, they have wide powers of arrest with or without a warrant. They also have the power to use

reasonable means to maintain peace and this may include using tear gas, water cannons to control riots

Arrest

Principle statute case

the police or person making Act 30

the arrest must actually section 3 Commented [K1]: In making an arrest a police officer or
any other person making the arrest, shall actually touch or
confine the body of the person to be arrested, unless
touch or confine the body there is a submission to the custody verbally or by conduct

of the person to be

arrested. The person being

arrested can however

1
submit to the arrest by
word or action
Where the person being Section 40
arrested takes refuge in of Act 30
a house or any place, the
officer or person acting
under a warrant ought to
be allowed free entry and
offered reasonable
facilities to search and
arrest the person
In order to gain entry Section 5
or access the officer may
break any outer or inner
door or window provided
2
Commented [K2]: Section - 4 - Search of Place entered by
person sought to be Arrested
(1) If any person acting under a warrant of arrest, or any police
officer having authority to arrest, has reason to believe that the
person to be arrested has entered into or is within any place, the
person residing in or being in charge of the place shall, on demand
of the person so acting or the police officer, allow him free entry
thereto and afford all reasonable facilities to search therein for the
person sought to be arrested.
(2) If entry to the place cannot be effected under subsection (1)-
(a) any person acting under a warrant, or
(b) a police officer, in a case in which a warrant may issue, but
cannot be obtained without affording an opportunity for the escape
of the person to be arrested,
may enter the place and search therein for the person to be arrested,
and, in order to effect entrance into that place, break open any outer
or inner door or window of any house or place, whether that of the
person to be arrested, or of any other person or otherwise effect
entry, if after notification of his authority and purpose, and demand
of admittance duly made, he cannot otherwise obtain admittance.
Commented [K3]: Any police officer or other person
authorised to make an arrest may break out of any house or place
in order to liberate himself or any other person who, having
lawfully entered for the purpose of making an arrest, is detained
therein.
he produced the notice of

authority and purpose and

was refused entry. Any

police officer or person

authorized to make an

arrest may break out of

any place or house to

liberate himself

A person arrested shall Section 6 Commented [K4]: he person arrested shall not be subjected to
more restraint than is necessary to prevent his escape.

not be subjected to more

restraint than is necessary

to prevent his escape

The arrested person has Section 7 Asante v Republic [1972] 2 GLR 177: The complainant lodged a Commented [K5]: Section - 7 - Notification of Substance of
Warrant
Except when the person arrested is in the actual course of the

the right to be informed complaint that she had been assaulted by the appellant. An commission of a crime or is pursued immediately after escape from
lawful custody, the police officer or other person making the arrest
shall inform the person arrested of the cause of the arrest, and, if the

in the language he escort police constable was detailed to go with her to invite the
police officer or other person is acting under the authority of a
warrant, shall notify the substance thereof to the person to be
arrested, and, if so required, shall show him the warrant.

3
understands of the appellant to the police station. The police constable showed his

reason of his arrest. identity card to the appellant and invited him to the police

station. The appellant refused to go. The police constable did

not tell him why he was wanted at the station. Upon his refusal,

the police constable seized his ignition key thus preventing him

from driving away. To retrieve the key, the appellant knocked

the police constable down and whilst the police constable was on

the ground, kicked him injuring him and damaging his trousers.

The appellant was convicted of two charges of assault on the

police constable. He appealed arguing that his arrest was

unlawful on the evidence and ipso facto, he was justified in

resisting unlawful arrest .

It was held by Anerkyi J. that the unlawfulness of an arrest by

a police officer due to the fact that the arrested person was

not informed of the reason for his arrest as demanded by

4
 section 10 of Act 30 was a sufficient defence to a charge of

assaulting the officer. The arrested person was justified in

repelling the unlawful assault on him by the policeman arresting

without giving the necessary information with corresponding

force in self defence. The learned judge proclaimed @p 190

Commented [K6]: Section - 8 - Search of Arrested Person
that : (1) Whenever a person is arrested by a police officer or a private
person, the police officer making the arrest or to whom the private

“the liberty of every individual is protected by the law until he

person, makes over the person arrested may search such person, and
place in safe custody all articles other than necessary wearing
apparel found upon him.

acts in contravention of the dictates of the law to entitle a (2) Whenever the person arrested can be legally admitted to bail and
bail is furnished, he shall not be searched unless there are reasonable
grounds for believing that he has about his person, any-
police or peace officer to interfere with that liberty by (a) stolen articles; or

exercising against him the powers with which the officer is (b) instrument of violence; or

(c) tools connected with the kind of offence which he is alleged to

legally clothed. The officer in interfering with the individual’s have committed; or

(d) other articles which may furnish evidence against him in regard

liberty in those circumstances must act strictly within those

to the offence which he is alleged to have committed.

(3) All searches shall be made with strict decency and whenever it is
necessary to cause a woman to be searched, the search shall be made
legal powers, otherwise he commits a trespass to the person of by another woman.

(4) The right to search an arrested person does not include the right
that individual to examine his private person.

(5) Notwithstanding any other provision of this section, a police

When the person is Section 8 officer or other person making an arrest may in any case take from
the person arrested any offensive weapons which he has about his
person.

5
arrested and taken to

the police station, he

must be searched and all

articles brought by him

must be kept in safe

Arrested person must be Section 9 Commented [K7]: Section - 9 - Arrested persons to be taken
at once to Police Station
Any person who is arrested, whether with or without a warrant, shall

taken to the police be taken with all reasonable despatch to a police station, or other
place for the reception of arrested persons, and shall without delay
be informed of the charge against him. Any such person while in

station within a
custody still be given reasonable facilities for obtaining legal advice,
taking steps to furnish bail, and otherwise making arrangements for
his defence or release.

reasonable time

The police powers of arrest are of the widest. Arrests may be made with or without a warrant. The

police have no right to detain anyone against his will without making an arrest. When in the course

of their investigation it becomes necessary to detain a suspect and there is no consent for such

action forthcoming from the suspect, the police have to arrest him. A fortiori upon completion of

6
their investigation if they decide to charge a person who is not to be produced before the court by

summons, the police have to arrest him.

When the arrest is made with a warrant the whole exercise from its beginning is under judicial

control. 1The warrant is issued by ajudge or magistrate upon a compliant or charge on oath, and

upon arrest the person named in the warrant has to be brought without unnecessary delay before

the court. Provision is made for the grant of bail if there is an endorsement to that effect on the

warrant. With this kind of arrest, therefore, few problems are encountered. Problems, however

,arisein connection with arrests without warrant because there is in those the danger of a capricious

exercise f power.

Arrest without warrant

Section 10 of Act 30 deals with the power of the police to arrest without a warrant.

Section 10 of Act 30-Arrest by a Police Officer without a warrant :

(1) A police officer may arrest without warrant a person who

1
see generally sections 71-81 of Act 30

7
 (a) commits an offence in the presence of the police officer;

(b) obstructs a police officer in the execution of his duties

(c) has escaped or attempts to escape from lawful custody;

(d) possesses an implement adapted or intended for use to unlawfully enter a building, and does not

give a reasonable excuse for the possession of the implement; or

(e)possesses a thing which may reasonably be suspected to be stolen property

(2) A police officer may arrest without warrant a person whom the police officer suspects on

reasonable grounds

(a) of having committed an offence ;

(b) of being a bout to commit an offence, in order to prevent the commission of the offence;

(c) of being about to commit an offence, where the police officer finds that person in any highway,

yard, building or other place during the night;

(d) of being a person for whom a warrant of arrest has been issued by a Court;

(e)of being a deserter from the Armed Forces; or

8
 (f) of having been concerned in an act committed outside the Republic which, if committed in the

Republic would have been punishable as an offence, and for which that person is, under an

enactment , liable to be arrested and detained in the Republic

Whether the person making the arrest is a police officer or not, and whether the arrest be with warrant

or not, the person arrested should not be subjected to more restraint than is necessary to prevent his

escape. –s6. The person making the arrest does so by actuallytouching or confining the body of the person

to be arrested, but even this is not necessary where there is a submission to custody by a word or action-

s3. Except where the person arrested is in the actual course of the commission of the crime or is pursued

immediately after escape from lawful custody, the person amking the arrest must inform him of the cause
Commented [K8]: Section - 12 - Arrest by Private person,
without Warrant
of arrest. If the arrest is under warrant its substance must be notified to him, and if so required, the (1) A private person may arrest without warrant any person who in
his presence commits-

person making the arrest must show the warrant to him-s7. If this is not done, the arrest is unlawful and (a) any offence involving the use of force or violence;

(b) any offence whereby bodily harm is caused to any person;

the person making the arrest lays himself open to an action for false imprisonment. (c) any offence in the nature of stealing or fraud;

(d) any offence involving injury to public property; or

A private person may also arrest without warrant under the following circumstances (e) any offence involving injury to property owned by, or in the
lawful care or custody of, that private person.

(2) A private person may arrest without warrant any person whom
 A person who in his presence commits an offence involving the use of violence, he reasonably suspects of having committed any offence mentioned
in subsection (1) provided that an offence of that nature have been
committed.

9
  causes bodily harm to another person,

 causes injury to public property or property belonging to the arrestor or under his lawful care, or

 commits the offence of stealing or fraud.

 Where the private person reasonably suspects the commission o any of the offences supra, such

person may arrest the suspect without a warrant.

When a private person arrests without a warrant, he must immediately hand the suspect over to the police

or send him to the nearest police station if there is no police officer around.

The law which gives state attorneys powers of arrest is Law Officers Act, 1974, section 4.The said

section provides that : “An officer of the Attorney-General’s Department of or above the rank of State

Attorney shall be deemed to have the powers of arrest conferred on a police officer by section 10 of the

Criminal and other Offences (Procedure) Act, 1960 (Act 30).

A magistrate has powers of arrest where the offence is committed in his jurisdiction-he may authorize

the police to effect such an arrest

A private persons powers of arrest is restricted to where any of the offences listed has actually been

10
committed.

Summary of section 3-16 of Act 30

Section Summary

11
Article 14 Commented [K9]:

14.

(1) Every person shall be entitled to his personal liberty and no person

shall be deprived of his personal liberty except in the following cases and

in accordance with procedure permitted by law -

(a) in execution of a sentence or order of a court in respect of a

criminal offence of which he has been convicted; or

12
(b) in execution of an order of a court punishing him for contempt

of court; or

(c) for the purpose of bringing him before a court in execution of

an order of a court; or

(d) in the case of a person suffering from an infectious or

contagious disease, a person of unsound mind, a person addicted to

drugs or alcohol or a vagrant, for the purpose of his care or

treatment or the protection of the community; or

(e) for the purpose of the education or welfare of a person who has

not attained the age of eighteen years; or

(f) for the purpose of preventing the unlawful entry of that person

13
into Ghana, or of effecting the expulsion, extradition or other

lawful removal of that person from Ghana or for the purpose of

restricting that person while he is being lawfully conveyed through

Ghana in the course of his extradition or removal from one country

to another; or

(g) upon reasonable suspicion of his having committed or being

about to commit a criminal offence under the laws of Ghana.

(2) A person who is arrested, restricted or detained shall be informed

immediately, in a language that he understands, of the reasons for his

arrest, restriction or detention and of his right to a lawyer of his choice.

(3) A person who is arrested, restricted or detained -

14
(a) for the purpose of bringing him before a court in execution of

an order of a court; or

(b) upon reasonable suspicion of his having committed or being

about to commit a criminal offence under the laws of Ghana, and

who is not released, shall be brought before a court within fortyeight

hours after the arrest, restriction or detention.

(4) Where a person arrested, restricted or detained under paragraph (a) or

(b) of clause (3) of this article is not tried within a reasonable time, then,

without prejudice to any further proceedings that may be brought against

him, he shall be released wither unconditionally or upon reasonable

conditions, including in particular, conditions reasonably necessary to

15
ensure that he appears at a later date for trial or for proceedings

preliminary to trial.

(5) A person who is unlawfully arrested, restricted or detained by any

other person shall be entitled to compensation from that other person.

(6) Where a person is convicted and sentenced to a term of imprisonment

for an offence, any period he has spent in lawful custody in respect of that

offence before the completion of his trial shall be taken into account in

imposing the term of imprisonment.

(7) Where a person who has served the whole or a part of his sentence is

acquitted on a appeal by a court, other than the Supreme Court, the court

may certify tot he Supreme Court that the person acquitted be paid

16
compensation; and the Supreme Court may, upon examination of all the

facts and the certificate of the court concerned, award such compensation

as it may think fit; or, where the acquittal is by the Supreme Court, it may

order compensation to be paid to the person acquitted

summary of Article 14

17
Article 15

(1) The dignity of all persons shall be inviolable.

(2) No person shall, whether or not he is arrested, restricted or retained, be

subjected to -

(a) torture or other cruel, inhuman or degrading treatment or

punishment;

(b) any other condition that detracts or is likely to detract from his

dignity and worth as a human being.

(3) A person who has not been convicted of a criminal offence shall not be

treated as a convicted person and shall be kept separately from convicted

18
persons.

(4) A juvenile offender who is kept in lawful custody or detention shall be

kept separately from an adult offender.

Summary of Above

19
Powers of the individual to arrest

Case: Adekura v The Republic

The appellant, the operations officer of the Bolgatanga branch of the people's militia, was arraigned

before a jury at the High Court, Bolgatanga on a charge of murder. The prosecution's case was

that on the eventful day, the internal controller of the Tono Irrigation Project, Navrongo was

assigned a Land Rover to travel to Accra on duty. With instructions to drive the said Land Rover

ahead to Navrongo and hand it over to the regular driver, the first prosecution witness took off

from Tono at about 5.30 am when visibility was poor, with eight passengers including the deceased,

Klakani, a student of Navrongo Secondary School. While the first prosecution witness was slowing

down at the Navrongo-Sandema main motor road from Tono Junction in order to negotiate the curve

towards Navrongo direction, there was a gunshot from which the deceased was hit in the stomach

by a bullet. The driver mistook the noise of the gunshot for a tyre burst and stopped only to find

the deceased wailing. The deceased died later in hospital. The defence was that the appellant was

one of a group of militiamen on operational duty to check illegal fuel deals at the site of the Tono

Irrigation Project. Indeed, unknown to the appellant the vehicle was carrying an authorised extra

20
allocation of 45 gallons of petrol and some lubricants. The appellant who was armed with an AK 47

rifle was in command of [p.346] the operation which was approved by the District defense co-

ordinator, the Acting Regional Co-ordinator of the Defence Committee and the PNDC district

Secretary of Navrongo. While at their post they spotted the vehicle coming from the Tono

Irrigation Project Area. The appellant stood in the middle of the road, raised the rifle and stopped

the vehicle. The vehicle slowed down as it negotiated the curve but never stopped. The appellant

then aimed at the back right side tyre and fired five times in rapid succession. The appellant and

his militia colleague rushed to the vehicle but it started off and they abandoned the chase in order

to trace it to vehicle but it Navrongo.

Held:dimissing the appeal

(2) The authority of a private person to make an arrest was very limited. Under section 12 of the

Criminal Procedure Code, 1960 (Act 30), he might arrest any person who in his view had committed

a felony or misdemeanour or any offence involving the use of force or violence, or whom he

reasonably suspected of having committed a felony provided that the felony had been committed.

Owners of property were also given certain powers of arrest under section 13; and under sections

21
17 and 18, a magistrate in the circumstances provided, might direct a private person to arrest. In

the instant case, at the time the appellant shot at the vehicle, no felony had been committed to

ground any suspicion. In fact, no crime was being committed which necessitated its prevention. It

was true that unknown to the appellant the vehicle was carrying an extra allocation of 45 gallons of

petrol and some lubricants but that was not without authority. It was therefore clear that the trial

judge was right in directing the jury that the appellant could not avail himself of the defence of

justification under sections 30 and 31 of the Criminal Code, 1960 (Act 29). On the facts, the

appellant had no authority to do any of the acts specified in section 31 (d)-(f) of the Act

Searches

Section 88-95, section 75-83, sections 73(1) (3), Sections 4 & 8, sections 92-99, Articles 15& 18

section summary

22
Section - 4 - Search of Place entered by person
sought to be Arrested

(1) If any person acting under a warrant of arrest,

or any police officer having authority to arrest, has
reason to believe that the person to be arrested
has entered into or is within any place, the person
residing in or being in charge of the place shall, on
demand of the person so acting or the police
officer, allow him free entry thereto and afford all
reasonable facilities to search therein for the
person sought to be arrested.

(2) If entry to the place cannot be effected under

subsection (1)-

(a) any person acting under a warrant, or

(b) a police officer, in a case in which a warrant may

issue, but cannot be obtained without affording an
opportunity for the escape of the person to be
arrested,

23
may enter the place and search therein for the
person to be arrested, and, in order to effect
entrance into that place, break open any outer or
inner door or window of any house or place, whether
that of the person to be arrested, or of any other
person or otherwise effect entry, if after
notification of his authority and purpose, and
demand of admittance duly made, he cannot
otherwise obtain admittance.
Section - 8 - Search of Arrested Person

(1) Whenever a person is arrested by a police

officer or a private person, the police officer

making the arrest or to whom the private person,

makes over the person arrested may search such

person, and place in safe custody all articles

other than necessary wearing apparel found upon

him.

24
(2) Whenever the person arrested can be legally

admitted to bail and bail is furnished, he shall

not be searched unless there are reasonable

grounds for believing that he has about his

person, any-

(a) stolen articles; or

(b) instrument of violence; or

(c) tools connected with the kind of offence

which he is alleged to have committed; or

(d) other articles which may furnish evidence

against him in regard to the offence which he is

25
alleged to have committed.

(3) All searches shall be made with strict

decency and whenever it is necessary to cause a

woman to be searched, the search shall be made

by another woman.

(4) The right to search an arrested person does

not include the right to examine his private

person.

(5) Notwithstanding any other provision of this

section, a police officer or other person making

an arrest may in any case take from the person

arrested any offensive weapons which he has

26
about his person.

Section - 73 - Form, Contents, and

Duration of Warrant of Arrest

(1) Every warrant of arrest shall be under the hand

of the Judge or Magistrate issuing it.

(2) Every warrant shall state shortly the offence

with which the person against whom it is issued is

charged and shall name or otherwise describe such

person, and it shall order the person or persons to

whom it is directed to apprehend the person against

whom it is issued and bring him before the Court

issuing the warrant or before some other Court

having jurisdiction in the case, to answer to the

27
charge therein mentioned and to be further dealt

with according to law.

(3) Every such warrant shall remain in force until it

is executed or until it is cancelled by the Court

which issued it.

Section - 75 - Warrants to whom Directed

(1) A warrant of arrest may be directed to one or

more police officers, or to one police officer and to
all other police officers of the area within which
the Court has jurisdiction, or generally to all police
officers of the area. But any Court issuing a warrant
may, if its immediate execution is necessary, and no
police officer is immediately available, direct it to
any other person, and that person shall execute it.

(2) When a warrant is directed to more officers or

persons than one, it may be executed by all or by
any one or more of them.

28
Section - 76 - Execution of Warrant Directed to
Police Officer

A warrant directed to any police officer may so be

executed by any other police officer whose name is
endorsed upon the warrant by the officer to whom
it is directed or endorsed.

Section - 78 - Where Warrant of Arrest May

be Executed

A warrant of arrest may be executed at any place in

Ghana

Section - 79 - Forwarding of Warrant for

Execution Outside Jurisdiction

(1) When a warrant of arrest is to be executed

outside the local limits of the jurisdiction of the

Court issuing it, the Court may, instead of directing

29
the warrant to a police officer, forward it by post

or otherwise to any District Magistrate within the

local limits of whose jurisdiction it is to be

executed.

(2) The Magistrate to whom the warrant is

forwarded shall endorse his name thereon and, if

practicable, cause it to be executed in the manner

hereinbefore provided within the local limits of his

jurisdiction.

Section - 80 - Procedure in case of

Warrant Directed to Police Officer for
Execution Outside Jurisdiction

(1) When a warrant of arrest directed to a police

officer is to be executed outside the local limits of

30
the jurisdiction of the Court issuing it, he shall take

it for endorsement to a District Magistrate within

the local limits of whose jurisdiction it is to be

executed.

(2) The Magistrate shall endorse his name thereon,

and the endorsement shall be sufficient authority

to the police officer to whom the warrant is

directed to execute it within such limits, and the

local police officers shall, if so required, assist such

officer in executing such warrant.

(3) Whenever that is reason to believe that the

delay occasioned by obtaining the endorsement of

the Magistrate within the local limits of whose

31
jurisdiction the warrant is to be executed will

prevent such execution, the police officer to whom

it is directed may execute it without such

endorsement in any place outside the local limits of

the jurisdiction of the Court which issued it.

Section - 81 - Procedure on Arrest of

Person Outside Jurisdiction

(1) When a warrant of arrest is executed outside

the local limits of the jurisdiction of the Court by

which it was issued, the person arrested shall,

unless the Court which issued the warrant is within

twenty miles of the place of arrest, or is nearer

than the District Magistrate within the local limits

of whose jurisdiction the arrest was made, or unless

security is taken under section 74, be taken before

32
the District Magistrate within the local limits of

whose jurisdiction the arrest was made.

(2) The Magistrate shall, if the person arrested

appears to be the person intended by the Court

which issued the warrant, direct his removal in

custody to such Court.

(3) If the person has been arrested for an offence

other than murder or treason, and he is ready and

willing to give bail to the satisfaction of the

Magistrate, or if a direction has been endorsed

under section 74 on the warrant and that person is

ready and willing to give the security required by

the direction, the Magistrate shall take bail or

33
security, as the case may be, and shall forward the

bond to the Court which issued the warrant.

(4) Nothing in this section shall prevent a police

officer from taking security under section 74.

Section - 82 - Summons, Warrant, Etc. on

Sunday

Any summons or warrant may be issued and

executed on any day, including a Sunday.
Section - 83 - Irregularities in Processes

(1) Any irregularity or defect in the substance

or form of a summons or warrant, and any
variance between a summons or warrant and
the written complaint, or between a summons
or warrant and the evidence adduced at any
enquiry or trial on the part of the prosecution
against an accused whose attendance has been
procured by the summons or warrant, shall not
affect the validity of any proceedings at or
34
subsequent to the hearing of the case, but if
any variance appears to the Court to be such
that the accused has been thereby deceived
or misled, the Court may, at the request of
the accused, adjourn the hearing of the case
to some future date and in the meantime
remand the accused or admit him to bail in the
manner hereinafter mentioned.

(2) A warrant, summons, or other process

issued by a Judge or Magistrate under this
Code or otherwise shall not be invalidated by
reason of the Judge or Magistrate who signed
it, dying or ceasing to hold office or have
jurisdiction.
Section - 88 - When Search Warrant may be
Issued and Proceedings Thereunder

(1) A District Magistrate who is satisfied, by

evidence upon oath, that there is reasonable
ground for believing that there is in any
building, vessel, carriage, box, receptacle, or
place-

35
(a) anything upon or in respect of which any
offence has been or is suspected to have been
committed, for which according to any law for
the time being in force, the offender may be
arrested without warrant; or

(b) anything which there is reasonable ground

for believing will afford evidence as to the
commission of any such offence; or

(c) anything which there is reasonable ground

for believing is intended to be used for the
purpose of committing an offence against the
person for which, according to any law for the
time being in force, the offender may be
arrested without warrant,

may at any time issue a warrant under his hand

authorising any constable to search any such
building, vessel, carriage, box, receptacle, or
place for any such thing, and to seize and
carry it before the Magistrate issuing the
36
warrant or some other Magistrate to be by
him dealt with according to law.

(2) If the thing to be searched for is

gunpowder or any other explosive or dangerous
or noxious substance or thing, the person
making the search shall have the same powers
and protection as are given by any law for the
time being in force to any person lawfully
authorised to search for any such thing, and
the thing itself shall be disposed of in the
manner as directed by any such law or, in
default of such direction, as the
Superintendent of Police may direct.

Section - 89 - Time when search Warrant may

be Executed

Every search warrant may be issued and

executed on a Sunday and shall be executed
between the hours of 6.30 a.m. and 6.30 pm.,
but the Court may, by the warrant, in its

37
discretion, authorise the police officer or
other person to whom it is addressed to
execute it at any hour.
Section - 90 - Persons in Charge of Closed
Place to Allow Ingress

(1) Whenever any building or other place liable

to search is closed, any person residing in or
being in charge of the building or place shall,
on demand of the police officer or other
person executing the search warrant, allow
him free entry thereto and afford all
reasonable facilities for a search therein.

(2) If entry into the building or other place

cannot be so obtained, the police officer or
other person executing the search warrant
may proceed in the manner prescribed by
sections 4 and 5.

(3) When any person in or about such building

or place is reasonably suspected of concealing
about his person any article for which search

38
 should be made, such person may be searched.
If such person is a woman the provisions of
section 8 (3) shall be observed.

Section - 91 - Detention of Articles Seized

(1) When any thing is seized under a search warrant

and brought before any Magistrate, he may detain
or cause it to be detained, taking reasonable care
that it is prescribed till the conclusion of the case;
and if any appeal is made, he may order it further to
be detained for the purpose of or pending an appeal.
If no appeal is made, the Magistrate shall direct
the thing to be restored to the person from whom it
was taken, except in the cases hereinafter
mentioned, unless he is authorised or required by
law to dispose of it otherwise.

(2) If, under any such warrant, there is brought

before any Magistrate any forged bank note, bank
note paper, or instrument, or anything the
possession of which, in the absence of lawful

39
excuse, is an offence according to any law for the
time being in force, the Magistrate may direct it to
be detained for production in evidence or to be
otherwise dealt with as the case may require.

(3) If, under any such warrant, there is brought

before any Magistrate any counterfeit coin or other
thing, the possession of which, with knowledge of its
nature and without lawful excuse, is an offence
according to any law for the time being in force, it
shall be delivered up to the Superintendent of
Police, or to any person authorised by him to receive
it, as soon as it has been produced in evidence, or as
soon as it appears that it will not be required to be
so

Section - 92 - Provisions Applicable to Search

Warrants

Sections 73 (1) and (3), 75, 76, 78, 79, 80 and 83

shall, so far as may be, apply to all search warrants
issued under section 88.

40
Section - 93 - Search without a Warrant in
Cetain Cases where Articles are Being Conveyed

Whenever a police officer has reasonable cause to

believe that any article which has been stolen or
otherwise unlawfully obtained, or in respect of
which a criminal offence has been, is being, or is
about to be committed, is being conveyed, or is
concealed or carried on any person in a public place,
or is concealed or contained in any package in a
public place, for the purpose of being conveyed,
then and in any such case, if the police officer
considers that the special exigencies of the case so
require, he may without a warrant or other written
authority apprehend, seize, and search any such
person, package, or article, and may thereupon take
possession of and detain such article together with
the package, if any, containing it, and may also
arrest any person conveying, concealing, or carrying
the same as aforesaid.

41
Section - 94 - Search of Premises without
Warrant

(1) Any police officer not below the rank of

Assistant Superintendent of Police, or who
being below such rank is authorised in writing
so to do by some police officer not below such
rank, may enter any house, shop, warehouse,
yard, ship, boat, vessel, beach, or other
premises which he has reasonable cause to
believe contains any property which has been
stolen or dishonestly received and may search
for, seize, and secure, any property which he
has reasonable cause to believe has been
stolen, or dishonestly received in the same
manner as if he had a search warrant and the
property seized, if any, corresponded to the
property described in such search warrant.

(2) Authorisations, searches, and seizures,

given or made under this section shall not be

42
 confined to any particular property, but may
be general.

Section - 95 - Saving with Respect to Certain

Postal Matter

Sections 88 and 93 shall not apply to the case of

postal matter in transit by post, except where the
postal matter has been, or is suspected of having
been dishonestly appropriated during such transit.

Section - 99 - Deposit Instead of

Recognizance

When any person is required by any Court or

officer to execute a bond, with or without
sureties, the Court or officer may, except in
the case of a bond for good behaviour permit
him to deposit a sum of money of such amount
as the Court or officer may fix in lieu of
executing such a bond, as security for the due
performance of the conditions imposed on him
by the Court or officer requiring the

43
execution of the bond. Upon the breach of any
such conditions, proceedings under section 104
may be taken for the forfeiture of the
deposit in the same manner and to the same
extent as if a bond for the amount of the
deposit had in fact been executed.

44