CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

18. PROTECTION OF PRIVACY OF HOME AND OTHER PROPERTY
(1) Every person has the right to own property either alone or in association with others.
(2) No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I. General

20. PROTECTION FROM DEPRIVATION OF PROPERTY
1. No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied-
a the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit; and
b the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property.
2. Compulsory acquisition of property by the State shall only be made under a law which makes provision for-
a the prompt payment of fair and adequate compensation; and
b a right of access to the High Court by any person who has an interest in or right over the property whether direct or on appeal from any other authority for the determination of his interest or right and the amount of compensation to which he is entitled.
3. Where a compulsory acquisition or possession of land effected by the, State in accordance with clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values.
4. Nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession or acquisition of property-
a by way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared. bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or unincorporated in the course of being wound up; or
b in the execution of a judgment or order of a court; or
c by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or
d in consequence of any law with respect to die limitation of actions; or
e for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or
f for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation.
5. Any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired.
6. Where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such reacquisition refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the time of the reacquisition.

PART I—GENERAL PROVISIONS

Arrest Generally

Section 8 Search of Arrested person.
(1) Whenever a person is arrested by a police officer or a private person, the police officer making the whom the private person, makes over the person arrested may search such person, and place in saf articles other than necessary wearing apparel found upon him.
(2) Whenever the person arrested can be legally admitted to bail and bail is furnished, he shall not unless there are reasonable grounds for believing that he has about his person, any—
(a) stolen articles; or
(b) instrument of violence; or
(c) tools connected with the kind of offence which he is alleged to have committed; or
(d) other articles which may furnish evidence against him in regard to the offence which he i have committed.
(3) All searches shall be made with strict decency and whenever it is necessary to cause a w searched, the search shall be made by another woman.
(4) The right to search an arrested person does not include the right to examine his private person.
(5) Notwithstanding any other provision of this section, a police officer or other person making an a any case take from the person arrested any offensive weapons which he has about his person.

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.