Section 97 of CrPC : Section 97: Search for persons wrongfully confined.
CrPC
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Explanation using Example
Example 1:
Scenario: A young woman named Priya has been missing for several days. Her family suspects that she has been kidnapped by a local gang and is being held against her will in a remote farmhouse.
Application of Section 97:
- Priya's family files a complaint with the local police, providing evidence that suggests she is being wrongfully confined.
- The police investigate and gather enough preliminary evidence to believe that Priya is indeed being held at the farmhouse.
- The police present this evidence to the District Magistrate.
- The District Magistrate, convinced by the evidence, issues a search warrant under Section 97 of the Code of Criminal Procedure, 1973.
- The police execute the search warrant, locate Priya at the farmhouse, and rescue her.
- Priya is immediately taken before a Magistrate, who then decides on the next steps, such as providing her with protection and initiating legal proceedings against the kidnappers.
Example 2:
Scenario: A laborer named Ramesh is working in a factory. His employer, in violation of labor laws, confines him and other workers in a locked room to prevent them from leaving the premises until they complete an unreasonable amount of work.
Application of Section 97:
- Ramesh manages to send a message to his family about his wrongful confinement.
- Ramesh's family approaches the local Sub-divisional Magistrate with the information.
- The Sub-divisional Magistrate, after rev...
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