Skip to main content

Code of Criminal Procedure, 1973

Section 97

Search for persons wrongfully confined

Quick Answer Reference: Section 97 CrPC

  • Provision: Section 97 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 97 of CrPC say?

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, a 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.

Indian StandardSection 97, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 97 (India)
Court Pleading StandardSection 97 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/97

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 97 CrPC

What is Section 97 of CrPC?

Section 97 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Search for persons wrongfully confined". The section states: 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 confineme...

What is the punishment under Section 97 of CrPC?

Section 97 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 97 of CrPC bailable or non-bailable?

Whether Section 97 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 97 CrPC

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 97