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Showing contexts for: decency in Pirubhai Noorbhai Shaikh And Anr. vs State Of Gujarat on 3 May, 2002Matching Fragments
14. Section 51 of the Act provides that, "The provisions of the Code of Criminal Procedure, 1973 shall apply, insofar as they are not inconsistent with the provision of this Act, in all warrants issued and arrests, searches and seizures made under this Act."
Section 100 of the Code of Criminal Procedure provides for persons in charge of closed place to allow search. Sub-section (3) of the said Section provides that where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
Section 51 of the Code provides for search of arrested persons. Sub-section (2) thereof provides that whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency. This would follow that the search of the accused is to be made only by a lady police officer in presence of a lady panch and for maintaining strict regard to decency, search in public place be avoided. The facts of the case on hand reveal that A/3 was searched by lady constable Anuben on a footpath of the public road in presence of all male police officers where norms of decency could not have been observed.