Code of Criminal Procedure, 1898 — Section 103: Search to be made in presence of witnesses

103. Search to be made in presence of witnesses.__ (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality in which the place to be searched is situate to attend and witness the search 1[and may issue an order in writing to them or any of them so to do].

(2)The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(3)Occupant of place searched may attend. The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person at his request.

(4)When any person is searched under section 102, sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person at his request. than an offence punishable under section 143, section 149, section 153A or section 154 thereof, or of] assault or other offence involving a breach of the peace, or of abetting the same, 1[* * *] or any person accused of committing criminal intimidation, is convicted of such offence before a High Court, a Court of Session, or the Court of 2[* * *] 3[* * *] a Magistrate of the first class, and such Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace, such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for keeping the peace during such period, not exceeding three years, as it thinks fit to fix.

(2)If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3)An order under this section may also be made by an Appellate Court 4[or by a Court] exercising its powers of revision. B.__ Security for keeping the Peace in other Cases and security for Good Behaviour.