A search warrant is a legal document issued by a judicial officer that authorizes law enforcement agents to search a specific location for evidence of a crime. In India, the search warrant procedure is governed by the Code of Criminal Procedure (CrPC), which is the main law that regulates the administration of criminal justice in the country.
According to the CrPC, a search warrant can only be issued if there is reasonable grounds to believe that a person has committed a cognizable offense, and that evidence of the offense can be found in a particular place. The judicial officer issuing the search warrant must be satisfied that there are sufficient grounds for the search based on the information provided by the police or other law enforcement agency.
The search warrant must specify the place to be searched, the person or thing to be searched for, and the purpose of the search. It must also specify the time of day at which the search is to be conducted, which must be within one month of the date of the warrant.
The search warrant must be served on the person in charge of the place to be searched, and the search must be conducted in the presence of at least two independent and respectable witnesses. Any property seized during the search must be listed in a seizure memo, which must be signed by the person in charge of the place and the witnesses.
If the search warrant is not executed within the specified time period, it becomes void. However, if the police or other law enforcement agency has reasonable grounds to believe that the person or thing to be searched for is likely to be removed or destroyed, they can apply for a fresh warrant before the expiration of the original warrant.
In conclusion, the search warrant procedure outlined in the CrPC is a crucial tool for law enforcement agencies in the investigation and prosecution of crimes in India. It ensures that searches are conducted in a legal and transparent manner, and protects the rights of individuals against unreasonable searches and seizures.
When search
Section 93 to Section 97: Search Warrant A search warrant can be issued in any of the following situations according to Section 93. After such action, any Magistrate may, by a warrant, authorize any police officer not below the rank of a Sub-Inspector to enter upon and search for such copies in any premises where there is a sufficient reason for suspicion. Search for persons wrongfully confined There is a provision under Section 97 of the Code of Criminal Procedure, 1973 which provides for direction in case of search of persons wrongfully confined. The Criminal Procedure Code, 1973 is a procedural law consolidating the law relating to criminal procedure. What are the consequences of non-compliance with the provisions relating to searches? Whether the contravention would vitiate the proceedings or not is provided in Section 460 and Section 461, discussed above. Further, when the mode of execution of warrant referred to in Section 105 is taken recourse to, ordinarily the procedure prescribed by Section 101 for production of seized articles must be followed and it is only in exceptional cases when warranted by fact situation of a particular case that departure therefrom, for reasons to be recorded in writing, can be permitted to be made by the Court getting the warrant executed and that too upon prescription of suitable conditions and adequate safeguards to ensure misuse of powers by the executing officer. Article shared by Legal provisions regarding when search-warrant may be issued under section 93 of the Code of Criminal Procedure, 1973.
Under section 165 of the code, the circumstances in which a police officer does not need a search warrant to conduct a search are stated which are briefed out as following- 1. It commands the law enforcer to perform a particular act in order to provide justice. As such, it was argued that the Bombay High Court need not hear the petitioners. A considerable number of rice bags of a particular brand were seized and taken away by the Karnataka Police from their godowns. Also, before issuing the warrant, the Magistrate concerned must have reason to believe that the place is used for deposit or sale of stolen property or forged documents etc. Where the person against whom a search warrant is issued prays for the stay thereof and offers to produce the document or thing before the court whenever required, the magistrate has jurisdiction to stay execution of the warrant conditionally on the execution of a bond. In cases somebody maliciously gives false information, leading to search, arrest then in such case the person giving such false information is punishable for imprisonment up to 2 years or fine up to 1000rs or both can be levied.
For instance, in the case of V. When is the Summons Considered Served? The warrant should also bear the seal of the same Court that issued the warrant. The command is that the things found in the search must be taken before the Court issuing the warrant but, if such Court is situated farther than the Court within whose local jurisdiction the things are found, the things are required to be taken before such nearer Court. These warrants are signed by a judge and allow the search of a definite location. If there is a situation where police officer is unable to conduct the search in person and there is no other person competent to make the search at the time, he may, require any officer subordinate, to make the search and order him to search for such thing in such place provided that he records his reasons in writing. Any person who refuses to be a witness without reasonable cause when called upon to do is considered to have committed an offence. Thus, in all situations of search and seizure, the investigating police should follow the procedures laid down under Sections 100 and 165 CrPC.
Search, Seizure and Production of Materials Under Criminal Law
After this, the Court went on to state the law regarding the power and authority of a High Court to issue directions, orders or writs to any Government, Authority or any person. Section 165 4 says that all the general conditions regarding the search warrant will be applied to this section as contained in Section 100. This document ensures that the person is called upon and his presence on the given date of the hearing. It says that under Section 93 3 only a District Magistrate or a Chief Judicial Magistrate can issue a warrant for a document, parcel or another thing in the custody of postal or telegraph authority. In the case of Bhushan Kumar v. These are some of the precautions that a police officer has to take care of while carrying out the process of search and investigation.
What is Warrant under the Criminal Procedure Code, 1973
A sufficient amount of force is allowed for compliance with this section. In several cases, the constitutional validity of search warrant has been questioned. It is also issued to such female child to her husband, parent, guardian, or other person having lawful charge of such child and can compel compliance with such order necessary by using sufficient force Section 98. Ramakrishnan, the constitutional validity of search warrants was upheld , wherein it was opined that a search of the premises occupied by the accused does not by any means results in compelling him to give evidence against himself and hence was not violative of Article 20 3 of the Constitution of India Section 94 — This section contains provisions relating to search of place suspected to contain stolen property, forged documents or any objectionable articles. In this article, we study the aspects of the same mention in The Criminal Procedure Code: Summons and Warrants. Search of a place without warrant Section 165 prescribes procedure undertaken by a police officer to search a place without a warrant. Â Section 101 prescribes for disposal of things found in search beyond the jurisdiction of the court.
Under CrPC the summons must be personally served to the person being summoned. Further, the summons may also be served though post addressed to the chief officer, in this case, the summons is deemed to be served when it arrives to the corporation. What is body warrant crpc? Where the search is made of a female then it will be carried out by another female with strict regard to decency. Section 165 1 provides that whenever an officer in charge of a police station or a police officer making an investigation in a particular matter has reasonable grounds for believing that anything necessary for the investigation into any offense on which he is authorized to investigate may be found in any place within his local limits and that thing according to him be otherwise obtained without unnecessary delay. The search under Section 93 must be for some specific article or thing or document and not for stolen property.
Understanding Arrest, Search and Seizure under Cr.P.C
Effect of contravention of the search procedure Section 100 of CrPC provides general procedures that need to be necessarily followed at the time of the search. If he cannot find any such person or no such inhabitant of the locality is available then a person from the other locality available or is willing can also be called upon to be a witness to such search. Anyhow, a magistrate other than a district magistrate or chief judicial magistrate shall not be authorised to search for any document, parcel or other thing in the custody of postal or telegraph authority. A summon can be issued in both criminal and in civil cases. This compels the individual to attend and produce the object at the time and place stated in the order.
What is Search Warrant under Code of Criminal Procedure?
Object of the topic The objective of this topic is to cover all sections concerning search, seizure and production of materials. Section 105 CrPC not mandatory Discussing the above, the Court stated that procedure prescribed under Section 105 is not the only one which can be resorted to in such matters and that other options are also available. This is evident from the use of an expression indicative of a mandate therein. The Magistrate would be left with no option but to get his warrant executed only by procedure of Section 105. Bombay High Court: A Division Bench of Sunil B. In cases like Ram Rakha vs Sat Pauland Yeshwant Bapuji Mokashi vs State Of Maharashtra And Ors, the importance of this section has been elaborated. John Does In a 2018 criminal case of domestic violence, the court allowed the serving of summons to the husband residing in Australia by means of WhatsApp, messaging and email.
It provides that where any newspaper, book or any document wherever printed contains any matter, the publication of which is punishable under section 124-A, 153-A, 153-B, 292, 293 or 295-A of Indian Penal Code, 1860, the State Government may, by notification stating the reasons for such action, declare every copy of such newspaper, book, or document, to be forfeited to the government. But there may arise many problems in regard to these procedures also as the reality is far more real as laid down in books. After such action, any Magistrate may, by a warrant, authorize any police officer not below the rank of a Sub-Inspector to enter upon and search for such copies in any premises where there is a sufficient reason for suspicion. A clear application of mind by the Magistrate must be discernible in the order granting the search-warrant. Sub-section 3 provides that every police officer exercising his duty under sub-section 1 is required to report the seizure to the nearest Magistrate falling within his jurisdiction and in case the property seized is such that it cannot be taken to the court, he may give custody of that property to any person after executing a bond undertaking to produce the property before the court as and when is required so as to give effect to the further orders of the court regarding its disposal. The High Court of Andhra Pradesh has observed in Dinesh Auto Finance v. In India too, the power of search and seizure for prevention and investigation of offences was for the first time conferred under the Code of Criminal Procedure and since search and seizure is a process exceedingly arbitrary in character, stringent statutory conditions were imposed on the exercise of the power.
This can be referred from the case Parmeshwari Devi vs. Sub-section 8 states that a person who without reasonable cause refuses or neglects to attend and witness a search 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. Section 461 also provides for irregularities which can vitiate the proceedings. This document and the list of things seized needs to be invariably signed by the witnesses and the owner of the premises before whom the search is conducted and also by the officers who are carrying out the said search. Primarily, the court issues a summons under section 91 for the production of documents or things because a search is not a simple thing; it directly infringes the fundamental right, that is, the Further, before issuing a search warrant under section 93, the court must satisfy itself that the person to whom the summons was issued will not produce the documents or things. On the other hand, a warrant is issued to apprehend an individual committing a particular offence s. It is up to the common people to thoroughly understand the concepts of arrest, search and seizure; in order to protect themselves from such harassment and injustice by the people in power.
