Sec 100(4) crpc

Mr.Ishaan you started it is factual query then state the facts clearly

The author is an advocate and used to post such queries for time pass.

1.  IF Police has evidence that Witness has material knowledge /information of a Crime, and IF witness refuses to cooperate in investigation, THEN such witness can be arrested for hindering /concealing matter in the case.

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“Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.”

Thus, it is clear that Section 100(4), CrPC has mandated that seizure must be witnessed by at least 2 (two) independent witnesses. However, it has been a matter of common experience that the local populace is not interested to be made witnesses in criminal cases when they have no concern or interest in the outcome of the case. In the current days of deteriorating law and order situation, strict compliance of the rules regulating search and seizure demands a rational approach.

 

As per your concern Sir,

According to section 100 (4) of the Criminal Procedure Code, Before searching for this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

Whereas under section 100(8) of the Code prescribes Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code, 1860

Smt. Seema Tiwari vs State Of U.P. And Others (2013) the Allahabad High Court held that if two independent witnesses as required were not available, the search can not be held to be invalid.

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Minakshi Bindhani