Provided that a police officer shall not enter any dwelling in terms of this section without the consent of the
occupier thereof.
(2) Where a police officer of such class as the Minister may designate considers on reasonable grounds that it
is necessary for the purpose of investigating or detecting an offence to examine any books, documents or other
records, he may, without warrant—
(a) enter any premises for the purpose of examining such books, documents or other records; and
(b) require from any person thereupon or therein the production then and there of such books, documents or
other records which are or have been upon or in the premises or in the custody or under the control of
any person by whom the premises are occupied or used;
and may examine and make extracts from and copies of all such books, documents and other records:
Provided that a police officer shall not enter any dwelling in terms of this subsection without the consent of
the occupier thereof.
55 Resistance against entry or search
(1) A police officer who may lawfully search any person or premises or who may enter any premises in terms
of section fifty-four may use such force as may reasonably be necessary to overcome any resistance against such
search or entry, including the breaking of any door or window of the premises:
Provided that the police officer shall first audibly demand admission to the premises and notify the purpose
for which he seeks to enter the premises.
(2) The proviso to subsection (1) shall not apply where the police officer concerned is on reasonable grounds
of the opinion that any article which is the subject of the search may be destroyed or disposed of if the provisions
of that proviso are first complied with.
56 Award of damages for false information on oath
Where any person falsely gives information on oath for the purposes of subsection (1) of section fifty and a
warrant is issued and executed on such information, and such person is in consequence of such false information
convicted of perjury or any statutory offence involving the making of a false statement on oath, the court convicting such person may, upon the application of any person who has suffered any damage in consequence of the
unlawful entry, search or seizure, as the case may be, or upon the application of the prosecutor acting on the
instructions of that person, award compensation in respect of such damage and the provisions of section three
hundred and sixty-two shall apply, mutatis mutandis, to the award.
57 Search to be conducted in decent and orderly manner
A search of any person or premises in terms of this Part shall be conducted with strict regard to decency and
order, and the provisions of subsection (4) of section forty-one shall apply, mutatis mutandis, to the searching of
any woman.
58 Disposal by police officer of article after seizure
A police officer who seizes any article referred to in section forty-nine or to whom any such article is delivered in terms of this Part or to whom an article seized in terms of any other e nactment is delivered to be dealt with
in terms of this Part—
(a) may, if the article is perishable, with due regard to the interests of the persons concerned, dispose of the
article in such manner as the circumstances may require; or
(b) may, if the article is stolen property or property suspected to be stolen, with the consent of the person
from whom it was seized, deliver the article to the person from whom, in the opinion of such police officer, such article was stolen, and shall warn such person to hold such article available for production at
any resultant criminal proceedings, if required to do so; or
(c) shall, if the article is not disposed of or delivered in terms of paragraph (a) or (b), give it a distinctive
identification mark and retain it in police custody or make such other arrangements with regard to the
custody thereof as the circumstances may require.
59 Disposal of article where no criminal proceedings are instituted, where it is not required for
criminal proceedings or where accused admits his guilt
(1) Subject to subsection (2), if in connection with any article referred to in paragraph (c) of section fiftyeight—
(a) no criminal proceedings are instituted; or
(b) it appears that such article is not required at the trial for purposes of evidence or for purposes of an order
of court; or
(c) criminal proceedings are instituted and the accused admits his guilt in accordance with section three
hundred and fifty-six;
the article shall—
(i) if the person from whom it was seized may lawfully possess the article, be returned to that
person; or
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