Rahul (None) 13 November 2011

House search

My younger brother has been implicated on false charges of 498 by his wife... He has applied for anticipatory bail and is,therefore, according to the instructions of his lawyer not staying at his house.. The police is hand in glove with the complainant i.e his wife as her father is a long time friend of a senior police officer of the state, at whose behest he has been falsely implicated.. I stay in a separate house with my wife and kids and the police has been coming to my house everyday for the past one week ever since my brother went into hiding pending his anticipatory bail hearing on the pretext of finding my brother. They search every place in my house and make us stay outside the house during the search... I want to know if the police can enter my residence without a search warrant or it is obligated to first get a search warrant issued. If they require a warrant to enter my residence then please tell me the relevant section of the law under which they are obligated to get the search warrant? And what remedies do I have if they enter my house without a search warrant? I shall be highly grateful to all of you for any help...

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11 Replies

Advocate M.Bhadra 13 November 2011

Witout search warrant Police authority can not search in separate house,lodge a complain to the higher authoruty of police like.S.P, D.G.etc. and also lodge a compalint to the Human Right Commission.You can also file a Writ Petition in High Court for over action of the police authority.

sridhar pasumarthy (ADVOCATE) 13 November 2011

Dear Rahul,

Go through Sections 93,94,95, 97 and 100 of Code of Criminal Procedure

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 November 2011

Totally illegal action from the police, complain against them.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Rajeev Kumar (Lawyer/Advocate) 13 November 2011

Both the experts are right.

Rahul (None) 13 November 2011

Thank you all the esteemed members for replying promptly... The entire police is hand in glove with the complainant. An ADGP level officer is the one who is calling the shots and,therefore,I personally don't think complaining to the SP or DG would yield any result. The police does not even let us stay inside the house when they search it. My biggest fear right now is that during their search they may plant something in our house and then arrest us on the ground that it has been recovered from the house. Their search is completely unwarranted. My brother is not staying with me and if they want to search then I want them to follow the complete procedure. Where should I complain against them? Can I lodge an FIR gainst the police officers for this illegal search? If yes under what section and what is their liability?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 November 2011

Yes, illegally entering the house.

442 IPC

Regards,

Shonee Kapoor

harased.by.498a@gmail.com

Rajeev Kumar (Lawyer/Advocate) 14 November 2011

Yes illegally entering the house. 442 IPC Raise the matter before Human Right Commission and also file a writ petition in HC in this regard

(Guest)

They cannot search the house after SUNSET even if they have a Search Warrant. After sunset they can only search after sunset only if they have the magistrate's order to the effect.

Dharmesh Manjeshwar (Advocate/Lawyer) 15 November 2011

Well if u r so apprehensive about the police then file a criminal complaint in the M.M. court ......

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 November 2011

FEAR IS YOU BIGGEST ENEMY ALWAYS

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

Every third Indian is facing 498a. These wives are mentally imbalanced and should be sent to lunatic asylums under the Mental Health Act,1987. Be sympatheic to your mentally sick wives and get them treated for insanity in proper lunatic asylums. As husbands facing 498a it's your duty to get them cured by electric shock theraphy in lunatic asylums. When they are cured mentally, all will be well. Its just serious Mental disoder of 498a wives. Tell magistrates that and request them to treat them as human beings who also have the right to Natural and humane justice. 498a husbands should file cases under the Mental health Act,1987 in the same magistrate's courts which granted them 489a wive's status. I feel that even magistrates and cops should be mentally checked up too. Indira Gandhi got 32 bullets for these and other reasons.