CrPC Section 97
Section 97 CrPC – Search for Persons Wrongfully Confined
Purpose
The main aim of this section is to protect the personal liberty of an individual who is being wrongfully confined (illegally detained) by someone. It provides a legal remedy through a search warrant.
Provision
If a Magistrate (District Magistrate, Sub-Divisional Magistrate, or Magistrate of the Court of Sessions) has reason to believe that any person is wrongfully confined,
he may issue a search warrant.
On the basis of that search warrant, the police or an authorized officer can search the place where the person is suspected to be confined.
If such a person is found and the confinement is proved to be illegal, the person must be immediately brought before the Magistrate.
The Magistrate will then pass an order to set the person free.
Key Points
It safeguards the Right to Liberty of an individual.
It works similarly to the Habeas Corpus writ, but it is provided under the Code of Criminal Procedure.
It applies only where confinement is wrongful or illegal.
The Magistrate must be satisfied that there is genuine wrongful confinement before issuing the search warrant.
Example
Suppose a girl is kept locked inside her house by her parents to prevent her from marrying a person of her choice.
A friend or social worker may approach the Magistrate.
The Magistrate, under Section 97 CrPC, issues a search warrant.
Police search the house, find the girl, and produce her before the Magistrate.
If the Magistrate finds that she was wrongfully confined, he will order her release and restore her freedom.
In Short
Section 97 CrPC is a legal safeguard against wrongful detention.
It empowers a Magistrate to issue a search warrant to locate and free a person who is illegally confined.
It ensures protection of the fundamental right to personal liberty.
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