Section 15:
Search without warrant.
(1) Notwithstanding anything contained in any other law for the time
being in force, whenever the special police officer 1[or the trafficking police officer, as the case may be,]has reasonable grounds for believing that an offence punishable under this Act has been or is being
committed in respect of a 2[person[ living in any premises, and that search of the premises with warrant
cannot be made without undue delay, such officer may, after recording the grounds of his belief, enter and
search such premises without a warrant.
(2) Before making a search under sub-section (1), the special police officer 1[or the trafficking police
officer, as the case may be,] shall call upon two or more respectable inhabitants (at least one of whom
shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the
search, and may issue an order in writing to them or any of them so to do:
3[Provided that the requirement as to the respectable inhabitants being from the locality in which the
place to be searched is situate shall not apply to a woman required to attend and witness the search.]
(3) Any person who, without reasonable cause, refuses or neglects, to attend and witness a search
under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be
deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).
4[(4) The special police officer or the trafficking police officer, as the case may be, entering any
premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.]
(5) The special police officer 5[or the trafficking police officer, as the case may be,] after
removing 6[the 7[person]] under sub-section (4) shall forthwith produce him before the appropriate
magistrate.
5[(5A) Any person who is produced before a magistrate under sub-section (5), shall be examined by a
registered medical practitioner for the purposes of determination of the age of such person, or for the
detection of any injuries as a result of sexual abuse or for the presence of any sexually transmitted
diseases.
Explanation.--In this sub-section, "registered medical practitioner" has the same meaning as in the
Indian Medical Council Act, 1956 (102 of 1956).]
(6) The special police officer 5[or the trafficking police officer, as the case may be,] and other persons
taking part in, or attending, and witnessing a search shall not be liable to any civil or criminal proceedings
against them in respect of anything lawfully done in connection with, or for the purpose of, the search.
5[(6A) The special police officer or the trafficking police officer, as the case may be, making a search
under this section shall be accompanied by at least two women police officers, and where any woman or
girl removed under sub-section (4) is required to be interrogated, it shall be done by a woman police
officer and if no woman police officer is available, the interrogation shall be done only in the presence of
a lady member of a recognised welfare institution or organisation.
Explanation.--For the purpose of this sub-section and section 17A,"recognised welfare institution or
organisation" means such institution or organisation as may be recognised in this behalf by the State
Government.]
8[(7) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,
apply to any search under this section as they apply to any search made under the authority of a warrant
issued under section 94 of the said Code.]
Notes:
1. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987).
2. Subs. by s. 4, ibid., for "women or girl" (w.e.f. 26-1-1987).
3. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979).
4. Subs. by Act 44 of 1986, s. 16, for sub-section (4) (w.e.f. 26-1-1987).5. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987).
6. Subs. by Act 46 of 1978, s. 11, for "the girl" (w.e.f. 2-10-1979).
7. Subs. by Act 44 of 1986, s. 4, for "woman or girl" (w.e.f. 26-1-1987).
8. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979).