Laws related to search warrant
Author:- NANDINI MAHESHWARI, A STUDENT OF SAGE UNIVERSITY INDORE
Law related to search warrant are provided under section 93-98 of CrPC Where, Section 93 of CrPC states when a search warrant can be issued. If the Court believes that the person to whom the summon or order has been addressed, will not bring the document or the thing which is essential to the proceedings, a warrant can be issued against that person It can also be issued if the Court does not know the person who may be having the document. The Court may specify the particular place or part till which the inspection will extend and the person in charge of the inspection will follow the order of the Court as given and not extend the limit of inspection. Only the District Magistrate or Chief Judicial Magistrate can grant the search of a document which is in the custody of postal or telegraph authority.
SEARCH WARRENT
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. The term ‘search’, in the simplest language, denotes an action of a government machinery to go, look through or examine carefully a place, area, person, object etc. in order to find anything concealed or for the purpose of discovering evidence of a crime. The search of a person or vehicle or premises etc., can only be carried out under proper and valid authority of law. It is also well established that search should have a nexus with the crime; it cannot be a random search.
WHEN THE SEARCH WARRANT IS ISSUED?
In the following circumstances and conditions a search warrant is issued by a court:
Where a court has reason to believe that a person to whom summons or orders under Section 91 and a requisition under Section 92(1) is addressed will not produce the things or documents as required.[Section 93(1)(a)]
Where the thing or document in question is not known to the court to be in the possession of any person. [Section 93(1)(b)]
Where the court considers that the purposes of any inquiry, trial or other proceedings will be served by general search or inspection.
In the following circumstances and conditions search warrant is issued by the Magistrate:
If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class gets any information and after inquiry of the same, thinks it necessary or has reason to believe that a place is being used for the deposit or sale of stolen property or for the deposit, sale or production of any objectionable article or any such objectionable article which is deposited in any place, he may authorize any police officer by way of a search warrant to enter, search or take in possession any property to which this section applies.(Section 94)
When any newspaper, book or 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. 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. (Section 95)
If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has sufficient reason to believe that he can issue a search warrant to a person against a person who is kept under confinement for an offense, then he can direct the person to whom he issued a search warrant to search for the person so confined. Such a search will be made in accordance therewith, and if found, the person shall be immediately taken before a Magistrate who will make such order as appears to be proper. (Section 97).
Power to compel restoration of abducted females – A Magistrate may upon a complaint made on oath of the abduction or unlawful detention of a woman, or of a female child under 18 years of age, for any unlawful purpose, make an order for the instant restoration of such woman to her liberty. 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).
SEARCH DONE IN MANY WAYS
Search of a place suspected.
Section 94 of CrPC provides for the search of a place that is suspected to contain stolen property, forged documents etc
Search for persons wrongfully confined.
Section 97 of the Code of Criminal Procedure, 1973 which provides for direction in case of search of persons wrongfully confined
Power to compel restoration of abducted females
Section 98 states that where a woman or a female child under 18 years of age has been abducted or unlawfully detained for an unlawful purpose, the Magistrate may restore the woman to her liberty or the female child to her proper custody.
Power to declare a publication forfeited
The power to declare certain publications forfeited and to issue search warrants for the same is mentioned under Section 95.
Constitutional validity of search warrants
It is based on the principle of justice and fairness. One of the basic principles of legal jurisprudence is that a person accused of any offence should be given an equal chance to be heard and to defend himself.
Search of a place without warrant
Sec 165 prescribes procedure undertaken by a police officer to search a place without a warrant.
Search by a police officer during the investigation
The procedure adopted by a police officer during the search in an investigation is provided in Section 165.
Search In the presence of magistrates
Sec 103 of CrPC states that the Magistrate may direct search in his presence. It provides that any magistrate may order a search to be made in his presence of any place in which he is legally competent to issue a search warrant.
Search in the limits of another police station
Sec 166 provides the conditions under which the search is conducted in the limits of another police station.
Search for false weights and measures
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