Section 96(h) in Police Regulations, Calcutta, 1968
(h)Search witness. - The number of witnesses required to attend a house-search depends on the circumstances of each particular case, but under section 103 of the Code of Criminal Procedure, 1898, the number cannot be less than two. The witnesses selected should be residents of the same or adjoining mohallas, If necessary, such residents may be served with an order in writing to attend and witness the search, their attention being drawn to the provisions of sub-section (5) of section 103 of the Code of Criminal Procedure, 1898, according to which any person, who refuses or neglects, without any reasonable cause, to attend and witness a search when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence, punishable under section 187 of the Indian Penal Code (Act XLV of 1860). Care should be taken that the witnesses are, so far as possible, unconnected with any of the parties concerned or with the police, so that they may be regarded as quite independent. Under no circumstances should a spy or habitual drunkard or any one of doubtful character, be called as a search witness. The reason for rejecting any person as a witness to the search should be noted in the special diary. The presence of search witnesses must not be looked upon as a mere formality, but they must actually be eye-witnesses to the whole search and must be able to see clearly whom each article is found. They must sign the search list (West Bengal Form No. 5276).
