21. Search of place entered by person arrested

(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any place, the person residing in or being in charge of such place shall, on demand of such person acting as aforesaid or such police officer, allow him free entry thereto and afford all reasonable facilities for a search therein.

(2) If entry to the place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant or for a police officer where a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, to enter the place and search therein.

(3) In order to effect an entrance under subsection (2), the police officer may break open an outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority or purpose, and demand of admittance duly made, he cannot otherwise obtain admittance.

24. Search of arrested persons

(1) Whenever a person is arrested—

(a) by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or
(b) without warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or is unable to furnish bail,

the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested may search such person and place in safe custody all articles, other than necessary wearing apparel and shoes, found upon him.

(2) In addition to the power to search an arrested person conferred under subsection (1), the police officer shall have power in any such case—

(a) to search the arrested person for anything which—

(i) may present a danger to himself or others;
(ii) he might use to assist himself escape from lawful custody;
(iii) may afford evidence of the commission or suspected commission of an offence whether within Malawi or elsewhere; or
(iv) is intended to be used, or is on reasonable grounds believed to be intended to be used, in the commission of an offence within Mala#i or elsewhere;

(b) to enter and search any premises in which the person was when arrested or immediately before the arrest for evidence relating to the offence for which he has been arrested.

(3) A police officer may not search a person in the exercise of the power conferred by subsection (2), unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that subsection.

(4) The power to search conferred under subsection (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

24A. Entry and search after arrest

(1) Any police officer may enter and search any premises occupied or controlled by a person who is under arrest for an arrestable offence, if he has reasonable grounds for suspecting that there is on the premises evidence that relates to that offence or to some other arrestable offence which is connected with or similar to that offence.

(2) The police officer may seize and retain anything for which he may search under subsection (1).

(3) The power to search under subsection (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4) Subject to subsection (5), the powers conferred by this section may not be exercised unless a search warrant has been issued in respect of the premises.

(5) A police officer may conduct a search under subsection (1) before taking the person to a police station and without a search warrant if the presence of that person at a place other than a police station is necessary for the effective investigation of the offence.

(6) If the premises consist of two or more separate dwellings, the police officer may search—

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(7) If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the police officer shall make the record as part of his custody record.

(8) For the purposes of this section "premises" includes any—

(a) vehicle, vessel, aircraft or hovercraft;
(b) offshore installation; and
(c) tent or movable structure.


25. Power of police officer to search and detain aircraft, vessel or vehicle and persons in certain circumstances

(1) Any police officer, or other person authorized in writing by the Inspector General of Police, may stop search and detain—

(a) any aircraft, vessel or vehicle in or upon which there shall be reason to suspect that anything stolen or unlawfully obtained may be found;
(b) any aircraft, vessel or vehicle which there shall be reason to suspect has been used or employed in the commission, or to facilitate the commission, of any offence under Chapters XXVI, XXVIII, or XXIX or section 328 of the Penal Code [Cap. 7:01]; or
(c) any person who may be reasonably suspected of having in his possession or conveying in any manner anything stolen or unlawfully obtained, and, where anything is found for which such search is being made, may seize such thing.


27. Power to seize offensive weapons

The officer or other person making any arrest may take from the person arrested any offensive weapon which he has about his person, and shall deliver all weapons so taken to a court or the officer before whom the officer or person making the arrest is required by law to produce the person arrested.

107. Attachment of property of proclaimed person

(3) If the property ordered to be attached is a debt or movable property, the attachment under this section shall be made—

(a) by seizure;


113. Power to issue search warrant

(1) Where a police officer applies for a search warrant, he shall—

(a) state the ground on which he makes the application and the law under which the warrant will be issued;
(b) specify the premises, ship, aircraft, carriage, box or receptacle which it is desired to enter and search; and
(c) identify, so far as is practicable, the articles or persons to be sought.

(2) An application for a search warrant shall be made ex-parte, and shall be supported by information in writing.

(3) The police officer making the application shall answer on oath any question that the court hearing the application may put to him.

(4) A search warrant shall authorize an entry on one occasion only.


113A.Search warrant

(1) A court may issue a warrant authorizing a police officer to enter and search any premises, ship, aircraft, carriage, box or receptacle if, on application made by a police officer, the court is satisfied that there are reasonable grounds for believing that—

(a) an offence has been committed;

(b) there is material on any premises, ship, aircraft, carriage, box or receptacle specified in the application which is likely to be of substantial value, whether by itself or together with other material, to the investigation of the offence; and

(c) the material does not consist of or include items subject to legal privileges.

(2) If the police officer finds the material in respect of which a search warrant is issued under subsection (1), he shall seize it and carry it before the court issuing the warrant or some other court to be dealt with according to law.

68. Powers of entry, asset, search, etc.

Any police officer of or above the rank of inspector may, without warrant, enter, with or without assistance, any house or building or into any place in which he has reason to believe—

(a) that a meeting of an unlawful society or of persons who are members of an unlawful society is being held; or
(b) that a member of an unlawful society resides or is; or
(c) that documents, funds, moneys or other information relating to an unlawful society may be found,

and arrest or cause to be arrested all persons found therein, and search such house, building or place and seize or cause to be seized all insignia, banners, arms, books, papers, documents and all other property which he may have reasonable cause to believe to belong to any unlawful society or to be in any way connected with the purpose of the meeting or with the unlawful society.