Search warrant under crpc. What is Warrant under the Criminal Procedure Code, 1973 2022-11-02
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A search warrant is a written order issued by a judicial officer that authorizes law enforcement officers to search a specific location for evidence of a crime and to seize any evidence they find. In India, search warrants are regulated by the Code of Criminal Procedure (CRPC), which sets out the legal procedures and requirements for obtaining and executing a search warrant.
Under the CRPC, a search warrant can be issued by a judicial magistrate or a metropolitan magistrate upon the application of a police officer or other public servant. The application for a search warrant must be made in writing and must specify the place to be searched and the objects to be seized. The application must also include the grounds for believing that the search will produce evidence of a crime.
Before issuing a search warrant, the judicial officer must be satisfied that there is probable cause to believe that a crime has been committed and that the search will produce evidence of that crime. Probable cause is a legal standard that requires a reasonable belief that a crime has been committed, based on facts and circumstances known to the officer at the time of the application.
Once a search warrant has been issued, the officer executing the warrant must present it to the person in charge of the place to be searched, along with a copy of the warrant and a list of the objects to be seized. The officer must then search the place and seize any evidence that is found. The officer must also make a list of the objects seized and deliver a copy of the list to the person in charge of the place.
There are certain limits on the power to search under a search warrant. For example, the CRPC prohibits the use of force to enter a place unless it is necessary and reasonable under the circumstances. The CRPC also prohibits the search of a person's body, except in limited circumstances, such as when the person is believed to be carrying evidence of a crime.
In summary, a search warrant is a powerful tool that allows law enforcement officers to search for and seize evidence of a crime. However, the power to search under a search warrant is not unlimited and is subject to legal safeguards to protect the rights of individuals.
Search Warrants Criminal Procedure Rules
An arrest ought to be made by actually touching the person except where he submits to custody by words or action. In Conclusion Chapter VII of the code containing sections 91-101 provides for the provisions related to search warrant and other general provisions relating to searches, i. Section 94 of CrPC provides for the search of a place that is suspected to contain stolen property, forged documents etc. A search by any other police officer or any other person would be illegal and the sentry into such place will also be unlawful. Anyhow, such witness has no boundation to attend the court until unless summoned to do so. It is to be noted that the provisions of section 38, 70, 72,74,77,78 and 79 of the code may apply to every search warrant issued under section 93, 94, 95 and 97 of the Cr. 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.
What Is the Procedure of Search by a Police Officer
The Magistrate may amend the warrant dispensing with the production of the articles before him. The trial ends either in conviction or acquittal of the accused. Search Warrants Criminal Procedure Rules : As Per CRPC Search means an action of to look through or examine carefully a place, area, person, object etc. A police officer while making an investigation should have reasonable grounds for believing that something very necessary for the purpose of investigation into an offense which he is authorized to investigate may be found in any place within the local limits of the police station in which he is in charge. State of Maharashtra, a notification for the forfeiture of the book in all forms entitled Mee Nathuram Godse Bolto ahe I am Nathuram Godse speaking including Gujarati translation was seized under Section 95 by the State Government for reasons that circulation of the said book will disturb public tranquillity, promote disharmony or feelings of enmity, hatred or ill-will among different groups or communities. Police officers are provided with the authority to conduct inquiries, arrest people, conduct searches, conduct seizures of persons and their property and even use appropriate force in the line of duty; Yet this power must be exerted within the limits of the law, and when officers exceed those limits they jeopardize the admissibility of any information gathered for prosecution.
At times, there is also restraint by the legal authority but sometimes the person voluntarily submits to the custody of the person making the arrest. In these circumstances, the law allows the police officer having reasonable grounds to search without a warrant under sections 165 and 166 of CrPC. In other words, criminal court under Section 267 CrPC can be approached for issue of production warrant for recording the statement of a person acquainted with the facts and circumstances of the crime during investigation. Section 166 A of CrPC provides that if in the course of investigation, the application made by the investigating officers of any superior rank on any evidence may be available in a place outside India, so in that case, any Criminal Court may issue a letter of request to a court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or authenticated copies thereof or the thing so collected to the Court issuing such letter. This can be referred from the case Parmeshwari Devi vs.
What is Search Warrant under Code of Criminal Procedure?
Magistrates not empowered to issue a search warrant Section 460 states the circumstances in which a search warrant is not vitiated even when it is issued by a Magistrate who has no authority to do so. I also like to read fictional books, play badminton and dance in my leisure time. Right to be defended by a legal practitioner- Article 22 1 of the Constitution lays down the fundamental right of a person arrested, to consult a legal practitioner of his choice. He has also to record the grounds on this belief. The senior authorizing for the same has to give the subordinate officer an order in writing, specifying the place of search, the reason for which the search is made and subsequent to this the subordinate may thereupon search for such thing in such place. Any Police Officer can seize any property that may be known or suspected to have been stolen or found in circumstances that raise suspicion of any crime being committed. After considering our matter, examination, hearing, if any, the magistrate of opinion that there is a ground for presuming that accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in the opinion of, could be adequately punished by him, he shall frame in writing a charge against the accused.
Understanding Arrest, Search and Seizure under Cr.P.C
Search of a place without warrant Section 165 prescribes procedure undertaken by a police officer to search a place without a warrant. It also deals with the situation where there is no time to get a search warrant from a Magistrate. Section 100 primarily provides for the provision relating to searches. On the application of the owner or occupier of the place searched shall be furnished, free of cost with a copy of the same by the Magistrate. However, an effective remedy is provided under section 96, that an order passed by the State Government can be challenged in the High Court by way of Application within 2 months, in which case, if the High court is satisfied, may set aside the declaration of forfeiture. Seizure The act of seizing is well known as a seizure.
It also provides that if he finds such weights, measures or instruments to be false, he has the option of seizing them or give information of such seizure to the Magistrate within the jurisdiction. A warrant of arrest may need to be issued as a precautionary measure requiring the accused to appear in court. Section 103 of CrPC states that the Magistrate may direct search in his presence. It provides that no person who is accused of an offence can be compelled to be a witness against himself. Compel restoration of abducted females Where a woman or female minor has been abducted or unlawfully detained a Magistrate may restore her liberty or the proper custody as per the power under section 98 of the code, and in restoring such position necessary force can be used. What is the procedure of Search in the limits of another police station? Section 92 states that If the law enforcement agencies including the District Magistrate and the High Court are of the opinion that a document, parcel or anything which is in the custody of postal or telegraph authority is essential for the investigation, trial or the proceedings, then the Postal or telegraph authority has to adhere to the directions given by the court and deliver the document as per the instructions.
Procedure relating to Search and Seizure under CrPC
Â It is his duty to ensure that there is no interference with the crime scene. In addition to this, where it is proved that the articles were produced by the accused himself, Section 165 of CrPC does not apply. Sub-section 5 says that on the application of the owner of the premises of the place searched, he shall be provided a free copy of the said notice that was sent to the Magistrate. Warrants— Warrant is legal document issued by a judge or magistrate, empowering a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice. Â Â Section 97 is regarding the search of a person whose confinement amounts to an offence. Hence, the court upheld the fact that there is no infringement of article 19 or article 20 3 of the Constitution. Â Sub-section 1 provides that whenever any place which is liable to search of inspection is closed, any person who is residing in, or being in charge of on-demand of the officer or other person executing the warrant may allow him to free ingress enter upon into and afford all reasonable facilities for a search therein.
The power of Police Officers to seize certain property is given under Section 102 in The Code Of Criminal Procedure, 1973. Hence, the general idea is that, whenever a person is arrested, the arrested person is taken into the custody of an authority empowered by law to detain the person. Section 165 3 provides that where a police officer is unable to conduct the search in person, and there is no other person competent to carry out the search at the time, then he may after recording in writing his reasons for so doing, require any officer subordinate to him to make the search. The prosecution can call witnesses and other evidence in order to prove the offence. One under a warrant which is issued under any of the provisions of Sections 93, 94, 95, and 97 and the other is without a warrant under any of the provisions of Sections 103, 165 and 166 of CrPC.
A court issues a summons and an officer in charge of a police station issues a written order. But there may arise many problems in regard to these procedures also as the reality is far more real as laid down in books. The warrant must: ADVERTISEMENTS: a Be in writing, and b Contain all the matters that the law requires it to be stated therein. . Section 165 5 provides that copies of the record made in sub-section 1 and 2 should be sent to the Magistrate who is empowered to take cognizance of the offence. 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.
When are magistrates not empowered to issue a search warrant? 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. The occupant can be present in every instance of the search. When a defendant misses a scheduled court appearance, it is often issued. Section 460 states the circumstances in which a search warrant is not vitiated even when it is issued by a Magistrate who has no authority to do so. 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. It has been observed in Whenever any court or a officer in charge of a police station considers any document or a thing important necessary for the purpose of investigation or inquiry or trial or other proceedings, it may issue a summon to the person in possession or in power of such document or thing requiring him to attend and produce it or to produce it at a time and place stated in the summon order.