Jan 6, 2018
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Search Warrant under Code of Criminal Procedure, 1973

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Search Warrants under Code of Criminal Procedure, 1973

Search Warrant is a court order that a magistrate, judge or Supreme Court official 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. In most countries a search warrant cannot issue in aid of civil process.

When search-warrant issued

The court may issue search warrant if:

  1. any Court has reason to believe that a person to whom a summons or order  given will not or would not produce the document or thing as required by such summons, or
  2. where such document or thing in the possession of any person and also not known to the Court, or
  3. where the Court considers that general search and inspection required for purposes of any inquiry, trial or other proceeding under this Code,

The search warrant directed to a person. He may search or inspect in accordance therewith and the provisions hereinafter contained.

  • The Court should specify in the warrant the particular place and till what part search and also inspection extends. The person charged with the execution of such warrant, then search or inspect as specified.
  •  Any Magistrate other than a District Magistrate or Chief Judicial Magistrate authorized to grant a warrant to search for document.

Search-warrant should issued on application in Form No. 10 in Schedule II of the Code. The Magistrate may amend the warrant dispensing with the production of the articles before him.

The warrant must:

  • Be in wirting
  • Contain all the matters that the law requires it to stated therein.

For What all things search warrant not issued?

The search under Section 93 must happen for some specific article or thing or document. It can not for stolen property. The law does not authorize for search of anything but specified articles. Only specified articles  or things specified in the summon or warrant.  A general search-warrant can issued only if the Court considers it. If court considers general inspection required for purpose of any inquiry or trial. General search warrant cannot issued when the person known and the place where the things kept also known.

Magistrate should not issue search-warrant on mere asking of a party. Instead, he must conduct necessary enquiry, apply his judicial mind and satisfy himself objectively about its necessity and record reasons in support of his satisfaction.

 

 

Article Categories:
Criminal law

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