Maharashtra Police Act 1951
Section 152 :
Prosecution for offences under other enactments not affected :
Nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment:
Provided that all such cases shall be subject to the provisions of section 103 of the 1.[Code of Criminal Procedure, 1898].
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1. Now the Code of Criminal Procedure, 1973 (2 of 1974).
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Code of Criminal Procedure, 1898
Chapter VII :
Of processes to compel the production of documents and other moveable property, and for the discovery of persons wrongfully confined :
Section 103 :
Search to be made in presence of witnesses :
1) Before making a search under this chapter, the officer or other person about to make it shall call upon two or more respetable inhabitants of the locality in which the place to be searched it situate to attend and witness the search.
2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person withnessing a search under this section shall be required to attend the Court as a witness of search unless specially summoned by it.
3) The occupant of the place searched, or some person in his behalf, shall in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witness, shall be delivered to such occupant or person at his request.
4) When any person is searched under section 102, sub-section (3), a list of all things taken posession of shall be prepared, and a copy thereof shall be delivered to such person at his request.
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section 102 – sub-section (3) :
3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be made, such person may be searched. If such person is a woman, the directions of section 52 shall be observed.
