97 CrPC can a search warrant be issued by Ex. magiustarate

Sultan Salauddin Khan (Querist) 18 February 2009 This query is : Resolved
can a Sd.E.M. issue a search warrant u/s 97 of CrPC against a child for his custody who is presently living with his mother in desertion. Kindly cite some judgements in this regard

Follow Query

Report Abuse

PALNITKAR V.V. (Expert) 18 February 2009
Scope of Sec. 97 is limited. It is not to be used for transfer of or determination of question relating to custody. The section itself is very clear. There need not be any authority.
97 . Search for persons wrongfully confined.- 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 la 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.