Amendment status not verified — confirm the current text below against the official source.
Contravention of Section 100(4), Cr.P.c. whether render the search defective. - Breach of sub-section (4) of Section 100 C.P.c. which requires the officer effecting the search to call two or more independent and respectable persons of the locality to witness the search would not render the search defective. Though the contravention may affect the credibility of the evidence let in, it does not affect the admissibility of the evidence. Conviction based on such evidence is not liable to be disturbed merely because of the non-compliance of the provision. Recovery of lahan and working still by police on secret information. Information was re- ceived by police at Bus Stand where witnesses were available but no independent witness joined. Held, it was non-compliance of Section l00 Cr.P.C .. Statement of Police Officer that witnesses had refused to join was an after-thought. Search and seizure of working still by Police raiding party. Not necessary that witnesses to the search should be of same locality. Witnesses may be of any other locality if respectable and independent inhabitants of same locality are not available or are not willing to be witnesses to the search.