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When does Section 97 Cr. P.C. comes into operation?
when the person is wrongfully confined
when the person is a proclaimed offender
when there is obscene publication
both (A) and (B)
Section 97 Cr.P.C .Search for persons wrongfully confined.
If any District Magistrate, Sub- divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
This section plays important role in child custody cases.
Case law: Purshottam vs Warsha, 1991.
HENCE OPTION A IS THE CORRECT ANSWER.
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