PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Section 86 Power of Court to Order Prisoner to be Brought before it.
(1) When any person for whose appearance or arrest a Court is empowered to issue a summons o confined in any prison within the local limits of the jurisdiction of such Court, the Court may issue an officer in charge of the prison requiring him to bring the prisoner in proper custody, at a time named i before the Court.
(2) The officer so in charge, on receipt of the order, shall act in accordance therewith, and shall pr safe custody of the prisoner during his absence from the prison.
PART II—PROVISIONS RELATING TO CRIMINAL PROCEEDINGS
Search Warrants
Section 88 When Search Warrant may be Issued and Proceedings Thereunder.
(1) A District Magistrate who is satisfied, by evidence upon oath, that there is reasonable ground for b there is in any building, vessel, carriage, box, receptacle, or place—
(a) anything upon or in respect of which any offence has been or is suspected to have been co which according to any law for the time being in force, the offender may be arrested without wa
(b) anything which there is reasonable ground for believing will afford evidence as to the co any such offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the committing an offence against the person for which, according to any law for the time being offender may be arrested without warrant,
may at any time issue a warrant under his hand authorising any constable to search any such buil carriage, box, receptacle, or place for any such thing, and to seize and carry it before the Magistrate warrant or some other Magistrate to be by him dealt with according to law.
(2) If the thing to be searched for is gunpowder or any other explosive or dangerous or noxious s thing, the person making the search shall have the same powers and protection as are given by an time being in force to any person lawfully authorised to search for any such thing, and the thing it disposed of in the manner as directed by any such law or, in default of such direction, as the Super Police may direct.
Section 89 Time when Search Warrant may be Executed.
Every search warrant may be issued and executed on a Sunday and shall be executed between the h a.m. and 6.30 pm., but the Court may, by the warrant, in its discretion, authorise the police officer or to whom it is addressed to execute it at any hour.
Section 90 Persons in Charge of Closed Place to Allow Ingress.
(1) Whenever any building or other place liable to search is closed, any person residing in or being the building or place shall, on demand of the police officer or other person executing the search w him free entry thereto and afford all reasonable facilities for a search therein.
(2) If entry into the building or other place cannot be so obtained, the police officer or other person e search warrant may proceed in the manner prescribed by sections 4 and 5.
(3) When any person in or about such building or place is reasonably suspected of concealing abou any article for which search should be made, such person may be searched. If such person is a provisions of section 8 (3) shall be observed.
Section 91 Detention of Articles Seized.
(1) When any thing is seized under a search warrant and brought before any Magistrate, he may det it to be detained, taking reasonable care that it is prescribed till the conclusion of the case; and if a made, he may order it further to be detained for the purpose of or pending an appeal. If no appeal i Magistrate shall direct the thing to be restored to the person from whom it was taken, except i hereinafter mentioned, unless he is authorised or required by law to dispose of it otherwise.
(2) If, under any such warrant, there is brought before any Magistrate any forged bank note, bank no instrument, or anything the possession of which, in the absence of lawful excuse, is an offence acco law for the time being in force, the Magistrate may direct it to be detained for production in eviden otherwise dealt with as the case may require.
(3) If, under any such warrant, there is brought before any Magistrate any counterfeit coin or oth possession of which, with knowledge of its nature and without lawful excuse, is an offence accordin for the time being in force, it shall be delivered up to the Superintendent of Police, or to any person a him to receive it, as soon as it has been produced in evidence, or as soon as it appears that it will not to be so produced.
Section 92 Provisions Applicable to Search Warrants.
Sections 73 (1) and (3), 75, 76, 78, 79, 80 and 83 shall, so far as may be, apply to all search war under section 88.
Section 93 Search without a Warrant in Certain Cases where Articles are Being Conveyed, Et Whenever a police officer has reasonable cause to believe that any article which has been stolen
unlawfully obtained, or in respect of which a criminal offence has been, is being, or is about to be c being conveyed, or is concealed or carried on any person in a public place, or is concealed or cont package in a public place, for the purpose of being conveyed, then and in any such case, if the p considers that the special exigencies of the case so require, he may without a warrant or other writt apprehend, seize, and search any such person, package, or article, and may thereupon take posse detain such article together with the package, if any, containing it, and may also arrest any person concealing, or carrying the same as aforesaid.
Section 94 Search of Premises without Warrant.
(1) Any police officer not below the rank of Assistant Superintendent of Police, or who being below authorised in writing so to do by some police officer not below such rank, may enter any house, shop, yard, ship, boat, vessel, beach, or other premises which he has reasonable cause to believe c property which has been stolen or dishonestly received and may search for, seize, and secure, a which he has reasonable cause to believe has been stolen, or dishonestly received in the same man had a search warrant and the property seized, if any, corresponded to the property described in warrant.
(2) Authorisations, searches, and seizures, given or made under this section shall not be conf particular property, but may be general.
PART IV—COMMITTAL FOR TRIAL FOR INDICTABLE OFFENCE
Section 200 Taking of Evidence of Witness before Trial.
(1) If on the application of the prosecution or the accused it appears to the District Court con preliminary hearing or trial Court that a particular witness will not be available at the trial, the Court satisfied that it would be in the interest of justice so to do, take the evidence of the witness and ca recorded. Such evidence may be read as evidence in any Court although he is not called as a witness
(2) In such case, the Court may permit the party calling the witness to make a short statement before facts which are necessary to enable the evidence of the witness to be understood and to be related t and may also permit any other witness to be called and examined for the same purpose.
(3) Unless the Court, upon hearing the applicant, decides to refuse the application, the Court sha notice of the application be served on the other party and order him to attend on a named day fo hearing.
(4) In the case of any application under this section the Court may order that the accused shall atte for the hearing of the application and on the taking of the evidence.
(5) The Court shall cause the order to be served on the accused and, if the accused is in custody, o of the prison.
(6) The order shall be a sufficient warrant to the keeper to bring him before the Court and, if the ac bail, shall be obeyed by him notwithstanding the terms of his recognizance.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.