CrPC Section 17
Section 17 of the Criminal Procedure Code (CrPC), 1973 – Procedure for Discovery and Arrest
Overview:
Section 17 of the CrPC deals with the procedure to be followed by the police when a person against whom a warrant has been issued cannot be found and there is information about their whereabouts. It empowers the police to enter and search any place to find and arrest such a person.
Text of Section 17 (Simplified):
When a police officer has reason to believe that a person who is wanted under a warrant is concealed in any house or place, the officer may enter and search that house or place to find and arrest the person.
The police officer is authorized to break open any outer or inner door or window of such house or place if necessary to effect the arrest.
The search must be conducted by the officer under the authority of the warrant and within legal boundaries.
Detailed Explanation:
Purpose of Section 17:
This section grants police the power to enter any premises to find and arrest a person against whom a warrant has been issued but who is believed to be hiding or concealed.
It helps law enforcement execute arrest warrants effectively and prevent escape.
When Can Section 17 Be Invoked?
Only after a warrant for arrest has been legally issued by a competent authority.
When the police have information or reasonable grounds to believe that the person named in the warrant is hiding in a particular place.
Authority Granted to Police:
Police may enter the premises without the occupant’s consent.
Police may break open doors or windows to gain entry if necessary.
The use of force must be reasonable and only to the extent required to arrest the person.
Safeguards and Limitations:
Police actions must be authorized by a valid warrant.
The police cannot use this power arbitrarily or to search for other persons or items unrelated to the warrant.
Entry and search are strictly for the purpose of locating and arresting the specified individual.
Practical Implications:
This section ensures that persons who evade arrest cannot hide with impunity.
It facilitates effective enforcement of the judicial process.
At the same time, it balances enforcement with the requirement of legal authorization.
Summary:
Section 17 of the CrPC empowers the police to enter and search any place, using reasonable force if necessary, to locate and arrest a person against whom a warrant has been issued, ensuring the execution of arrest warrants is effective and lawful.
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