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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 2 : Search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences

28. Wrongful search an offence, and award of damages


(1) A police official
(a) who acts contrary to the authority of a search warrant issued under section 21 or a warrant issued under section 25(1); or
(b) who, without being authorised thereto under this Chapter—
(i) searches any person or container or premises or seizes or detains any article; or
(ii) performs any act contemplated in subparagraph (i), (ii) or (iii) of section 25(1),

shall be guilty of an offence and liable on conviction to a fine not exceeding R600 or to imprisonment for a period not exceeding six months, and shall in addition be subject to an award under subsection (2).

[Section 28(1) substituted by section 2 of Act No. 33 of 1986]


(2) Where any person falsely gives information on oath under section 21(1) or 25(1) and a search warrant or, as the case may be, a warrant is issued and executed on such information, and such person is in consequence of such false information convicted of perjury, the court convicting such person may, upon the application of any person who has suffered 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, whereupon the provisions of section 300 shall mutatis mutandis apply with reference to such award.