PART III - ARREST OF OFFENDERS AND PREVENTION OF OFFENCES

15 Search of arrested persons

(1) Where a person is arrested by a police officer or a private person, the police officer making the arrest or to whom the private person makes over the person arrested may search such person and any articles in his possession or under his control and place in safe custody all articles found in his possession or under his control and any article found upon him, except necessary wearing apparel :

Provided that, whenever the person arrested can be legally admitted to bail and bail is furnished, such person shall not be searched unless there are reasonable grounds for believing that he has about his person any :
(a) stolen articles;
(b) instruments of violence ;
(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 is alleged to have committed.

(2) The right to search an arrested person does not include the right to examine his private person.

(3) Where any property has been taken from a person under this section and the person is not charged before any Court but is released on the ground that there is no sufficient reason to believe that he has committed any offence, any property so taken from him shall be restored to him.

(4) Whenever it is necessary to cause a woman or girl to be searched, the search shall be made only by another woman with strict regard to decency.

16 Power of police officer to detain and search persons, vehicles, vessels and aircraft in certain circumstances

(1) Any police officer who has reason to suspect that any article stolen or unlawfully obtained, or any article in respect of which a criminal offence has been, or is being or is about to be, committed, is being conveyed, whether on any person or in any vehicle, package or otherwise, or is concealed or carried on any person in a public place, or is concealed or contained in any vehicle or package in a public place, for the purpose of being conveyed, may without warrant detain and search any such person, vehicle or package and may take possession of and detain any such article which he may reasonably suspect to have been stolen or unlawfully obtained or in respect of which he may reasonably suspect that a criminal offence has been, is being or is about to be, committed, together with the package, if any, containing it, and may also detain the person conveying, concealing or carrying such article :

Provided that this subsection shall not extend to the case of postal matter in transit by post except where such postal matter has been, or is suspected of having been, dishonestly appropriated during such transit.

(2) Any police officer of or above the rank of sergeant may, if he has reason to suspect that there is on board any vessel or aircraft any property stolen or unlawfully obtained, enter without warrant, and with or without assistants, on board such vessel or aircraft and may remain on board for such reasonable time as he may deem expedient and may search with or without assistants any and every part of such vessel or aircraft and, after demand and refusal of keys, may break open any receptacle and, upon discovery of any property which he may reasonably suspect to have been stolen or unlawfully obtained, may take possession of and detain such property and may also detain any person in whose possession it is found. Such police officer may pursue and detain any person who is in the act of conveying any such property away from any such vessel or aircraft or who has landed with the property so conveyed away or found in his possession.

(3) Any police officer may, if he has reason to suspect that an offence has been committed, seize any articles which may be in a public place and which may furnish evidence in regard to the commission of that offence :

Provided that no articles may be seized under the provisions of this subsection unless there is a possibility of such articles being removed or dealt with in such a way as to prevent their being available as evidence.

(4) Any person detained under this section shall be dealt with under the provisions of section 21 of this Act.

17 Power to seize offensive weapons

Notwithstanding the provisions of section 15 of this Act, the police officer or other person making any arrest may take from the person arrested any instruments of violence which he has about his person and shall deliver all articles so taken to the magistrate or police officer before whom the police officer or other person making the arrest is required by law to bring or send the person arrested.

PART IV - PROVISIONS RELATING TO CRIMINAL PROCEEDINGS

74 Provisions of this Part generally applicable to summonses and warrants

The provisions contained in this Part relating to the issue, service and execution of summonses and warrants shall, so far as they may be applicable, apply to the issue, service and execution of every summons and every warrant of arrest issued under this Act.

75 Power to issue search warrant

Where it is proved on oath to a magistrate that in fact or according to reasonable suspicion anything upon, by or in respect of which an offence has been committed, or anything which is necessary to the conduct of an investigation into any offence, is in any building, ship, aircraft, vehicle, box, receptacle or place, the magistrate may issue a search warrant authorising a police officer or other person therein named to search the building, ship, aircraft, vehicle, box, receptacle or place, which shall be named or described in the warrant, for any such thing and, if anything searched for be found, or any other thing which there is reasonable cause to suspect to have been stolen or unlawfully obtained be found, to seize it and bring it before the District Court to be dealt with according to law.

76 Execution of search warrants

(1) A search warrant may be issued on any day, including a Sunday or a public holiday, and may be executed on any day, including a Sunday or a public holiday, between the hours of sunrise and sunset, but the magistrate may by the warrant, in his discretion, authorise the police officer or other person to whom it is addressed to execute it at any hour.

(2) As soon as practicable after the execution of a search warrant, the warrant shall be returned to the District Court endorsed with details of its execution ; the person upon whose application the warrant was issued shall be responsible for its proper return.

77 Persons in charge of closed places to allow ingress thereto and egress therefrom

(1) Where any building or other place liable to search in execution of a search warrant is closed, any person residing in or being in charge of that building or place shall, on demand of the police officer or other person executing the warrant and on production of the warrant, allow him free ingress thereto and egress therefrom and afford all reasonable facilities for a search therein.

(2) If ingress to or egress from any building or other place liable to search in execution of a search warrant is not allowed in accordance with the last preceding subsection, the police officer or other person executing the warrant may proceed in the manner authorised by sections 12 and 13 of this Act.

(3) Where any person in or about any building or place liable to search in execution of a search warrant is reasonably suspected of having any article for which search is authorised concealed about his person, that person may be searched ; if that person is a woman or girl, the provisions of subsection (4) of section 15 of this Act shall be observed.

78 Detention of property seized

(1) Where any thing is seized and brought before the District Court under the provisions of section 76 of this Act, it may be detained until the conclusion of the case or the inquiry, reasonable care being taken for its preservation.

(2) If any appeal is taken, or if any person is committed for trial, the District Court may order that anything seized and brought before it under the provisions of section 76 shall be further detained for the purpose of the appeal or the trial.

(3) If no appeal is taken, or if no person is committed for trial, the District Court shall direct that anything seized and brought before it under the provisions of section 76 shall be restored to the person from whom it was taken, unless the Court is authorised or required by law to dispose of it otherwise or that person consents to its being disposed of otherwise.

79 Provisions applicable to search warrants

Where applicable the provisions of sections 64(1) and (3), 66 and 69 of this Act shall apply to all search warrants issued under section 75 of this Act.