Section 15. Search without warrant

15. Search without warrant. —(1) Notwithstanding anything contained in any other law for the time being in force, whenever the special police officer[4] [or the trafficking police officer, as the case may be,] has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in respect of a[5] [person] living in any premises, and that search of the premises with warrant cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and search such premises without a warrant. (2) Before making a search under sub-section (1), the special police officer[4] [or the trafficking police officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them so to do: 6[Provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search.] (3) 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 (45 of 1860). 7[(4) The special police officer or the trafficking police officer, as the case may be, entering any premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.] 1. Ins. by Act 44 of 1986, s. 15 (w.e.f. 26-1-1987). 2. Subs. by Act 46 of 1978, s. 10, for certain words (w.e.f. 2-10-1979). 3. Subs. by s. 10, ibid., for "inspector" (w.e.f. 2-10-1979). 4. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 5. Subs. by s. 4, ibid ., for "women or girl" (w.e.f. 26-1-1987). 6. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 7. Subs. by Act 44 of 1986, s. 16, for sub-section (4) (w.e.f. 26-1-1987). (5) The special police officer[1] [or the trafficking police officer, as the case may be,] after removing[2] [the[3] [person]] under sub-section (4) shall forthwith produce him before the appropriate magistrate. 1[(5A) Any person who is produced before a magistrate under sub-section (5), shall be examined by a registered medical practitioner for the purposes of determination of the age of such person, or for the detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted diseases. Explanation .—In this sub-section, "registered medical practitioner" has the same meaning as in the Indian Medical Council Act, 1956 (102 of 1956).] (6) The special police officer[1] [or the trafficking police officer, as the case may be,] and other persons taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceedings against them in respect of anything lawfully done in connection with, or for the purpose of, the search. 1[(6A) The special police officer or the trafficking police officer, as the case may be, making a search under this section shall be accompanied by at least two women police officers, and where any woman or girl removed under sub-section (4) is required to be interrogated, it shall be done by a woman police officer and if no woman police officer is available, the interrogation shall be done only in the presence of a lady member of a recognised welfare institution or organisation. Explanation. —For the purpose of this sub-section and section 17A,"recognised welfare institution or organisation" means such institution or organisation as may be recognised in this behalf by the State Government.] 4[(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search under this section as they apply to any search made under the authority of a warrant issued under section 94 of the said Code.] 5[16. Rescue of 3[person]. —(1) Where a magistrate has reason to believe from information received from the police or from any other person authorised by the State Government in this behalf or otherwise, that[6] [any person is living, or is carrying on, or is being made to carry on, prostitution in a brothel,] he may direct a police officer not below the rank of a sub-inspector, to enter such brothel, and to remove therefrom such[3] [person] and produce him before him. (2) The police officer, after removing the[3] [person], shall forthwith produce him before the magistrate issuing the order.] — 17. Intermediate custody of[7] [persons] removed under section 15 or rescued under section 16. (1) When the special police officer removing a[3] [person] under sub-section (4) of section 15 or a police officer rescuing a[3] [person] under sub-section (1) of section 16, is for any reason unable to produce him before the appropriate magistrate as required by sub-section (5) of section 15, or before the magistrate issuing the order under sub-section (2) of section 16, he shall forthwith produce him before the nearest magistrate of any class, who shall pass such orders as he deems proper for his safe custody until he is produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order: Provided that no[3] [person] shall be— (i) detained in custody under this sub-section for a period exceeding ten days from the date of the order under this sub-section; or (ii) restored to or placed in the custody of a person who may exercise a harmful influence over him. 1. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 2. Subs. by Act 46 of 1978, s. 11, for "the girl" (w.e.f. 2-10-1979). 3. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987). 4. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 5. Subs. by Act 46 of 1978, s. 12, for sections 16 and 17 (w.e.f. 2-10-1979). 6. Subs. by Act 44 of 1986, s. 17, for clause (a) and (b) (w.e.f. 26-1-1987). 7. Subs. s. 4, ibid., for "women and girls" (w.e.f. 26-1-1987). (2) When the[1] [person] is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of section 16, the age, character and antecedents of the[1] [person] and the suitability of his parents, guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958), to inquire into the above circumstances and into the personality of the[1] [person] and the prospects of his rehabilitation. (3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the[1] [person]: 2[Provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act, for the time being in force in any State for the safe custody of children: Provided further that,] no[1] [person] shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no[1] [person] shall be kept in the custody of a person likely to have a hurmful influence over him. - (4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2),— - (a) that the information received is correct; and - (b) that he is in need of care and protection, he may, subject to the provisions of sub-section (5), make an order that such[1] [person] be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable: Provided that such custody shall not be that of a person or body of persons of a religious persuasion different from that of the[1] [person] and that those entrusted with the custody of the[1] [person] including the persons in charge of a protective home, may be required to enter into a bond which may, were necessary and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, training and medical and psychiatric treatment of the[1] [person] as well as supervision by a person appointed by the court, which will be in force for a period, not exceeding three years. (5) In discharging his functions under sub-section (2), a magistrate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may, for this purpose, keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in[3] [persons]. (6) An appeal against an order made under sub-section (4) shall lie to the Court of Session whose decision on such appeal shall be final.] 4[17A. Conditions to be observed before placing persons rescued under section 16 to parents or guardians. —Notwithstanding anything contained in sub-section (2) of section 17, the magistrate making an inquiry under section 17 may, before passing an order for handing over any person rescued under section 16 to the parents, guardian or husband, satisfy himself about the capacity or genuineness of the parents, guardian or husband to keep such person by causing an investigation to be made by a recognised welfare institution or organisation.]