Jan 23, 2018
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Processes To Compel The Production Of Things

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Processes To Compel The Production Of Things under Code of Criminal Procedure, 1973

Summons to produce document or other thing (section 91)

Any Court or any officer in charge of a police station before whom any investigation, inquiry, trial or other proceeding initiated. If such court of officer considers that production of any document or other thing necessary or desirable for such purposes. Such Court may also issue a summons to the person in whose possession such document or thing believed to there. Also requiring him to attend and produce it at the time and place stated in the summons or order.

Any person required merely to produce a document or other thing shall deemed to have complied with the requisition. If he causes such document or thing to produced instead of attending personally to produce the same.

Nothing in this section shall deemed-

  1. to affect, sections 123 and 124 of the Indian Evidence Act, 187  and also the Bankers, Books Evidence Act, 1891
  2. to apply to a letter, postcard, telegram or other document in the custody of the postal or telegraph authority.

Procedure as to letters and telegrams

  1. If any document, parcel or things in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or things to such person as the Magistrate or Court directs.
  2. If any such document, parcel or things is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or things pending the order of a District Magistrate, Chief Judicial Magistrate or Court under Sub-Section (1).

When search-warrant issued (Section 93)

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 documents or things as required by such summons, or
  2. where such document or things 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.

Search of place suspected to contain stolen property, forged documents, etc. (Section 94)

If a :

  1. District Magistrate,
  2. Sub-divisional Magistrate or
  3. Magistrate of the first class,

upon information received and also after such inquiry has reason to believe that any place used :

  1. for the deposit or
  2. sale of stolen property, or
  3. for the deposit, sale or production of any objectionable article, or
  4. for the deposit of any such objectionable article.

The Magistrate may by warrant authorize any police officer above the rank of a constable to :

  1. enter such place with assistance as required,
  2. search the place in the manner specified in the warrant,
  3. take possession of any property or article therein found. Which he reasonably suspects as stolen property or also objectionable article,
  4. convey such property or article before a Magistrate or
  5.  guard the same on the spot until the offender presented before a Magistrate, or otherwise to dispose of it in some place of safely,
  6. take into custody and also present before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it stolen property or, as the case may be, objectionable article to which this section applies.

The objectionable articles to which this section applies are-

  1. counterfeit coin;
  2. pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
  3. counterfeit currency note; counterfeit stamps;
  4. forged documents;
  5. false seals;
  6. obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
  7. instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Power to declare certain publications forfeited and to issue search-warrants for the same (section 95)

Where-

  1. any newspaper, or book, or
  2. any document,
    Wherever printed appears to the State Government that it contains any matter the publications of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code. The State Government may declare every copy of the newspaper or book or other documents containing such matter to forfeited. Thereupon any police officer may seize the same wherever found in India. Any Magistrate may also by warrant authorize any police officer to enter upon and search any premises.  Where in such premises any copy of such issue or any such book or other document may also reasonably suspected.

In this section and in section 96,-

  1. “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867);
  2. “document” includes any painting, drawing or photograph, or  also other visible representation.

Order passed or action taken shall not called in question in any Court. Except in accordance with the provisions of section 96.

Application to High Court to set aside declaration of forfeiture (Section 96)

1. Any person having any interest in any newspaper, book or other documents, which declared as to forfeited under section 95. Such person may apply to the High court to set aside such declaration. Such person may apply on grounds that the issue of newspaper or book or other document did not contain any such matter as refereed in section 95. The person may also apply to the High court within period of 2 months from the date of publications in the official Gazette.

2. Every such application shall heard and determined by a Special Bench of the High Court. Where the High court consist of three or more judges, special bench composed of three judges. Where the High court consist of less than three judges, special bench shall also composed of all the Judges of that High Court.

3. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.

4. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.

5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

Search for persons wrongfully confined (section 97)

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Power to compel restoration of abducted females (Section 98)

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary.

Direction, etc., of search-warrants (Section 99)

The provisions of sections 38, 70, 72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.

Persons in charge of closed place to allow search (Section 100)

1. Whenever any closed place liable to search of inspection. Then any person residing in, or in charge of such closed place shall allow access to such place. He shall allow free access to the officer or other person executing the warrant and also on production of the warrant. The person in charge shall also afford all reasonable facilities for a search therein.

2. If access to such place cannot obtained. Then the officer or other person executing the warrant may proceed as specified by Sub-Section (2) of section 47.

3. Where any person in or about such place reasonably suspected of hiding about any article for which search made. Such person may searched. If such person is a woman, the search shall made by another woman with strict regard to decency.

4. Before searching, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality. Such inhabitants shall from the locality in which the place to be searched is situated. If no such inhabitant of the said locality available or willing to become a witness to the search, to attend and witness the search, may call any other person from different locality. The officer may also issue an order in writing to them or any of them so to do.

5. The search shall carried out in the presence of the inhabitants or witness. A list of all things seized in the course of such search. Also a list of the places in which they respectively found. It shall prepared by such officer or other person. It shall also signed by such witnesses. But no person witnessing a search, required to attend the Court as a witness of the search unless specially summoned by it.

6. The occupant of the place searched, or some person in his behalf shall permitted to attend during the search. Also a copy of list so prepared under this section, delivered to such occupant or person.

7. When any person searched under Sub-Section (3), a list of all things taken possession of shall prepared. Also a copy thereof shall delivered to such person.

8. . Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, 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.

Disposal of things found in search beyond jurisdiction (Section 101)

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, arc found, such things, together with the list of the same prepared under me provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

Power of police officer to seize certain property (Section 102)

Any police officer may seize any property which may alleged or suspected to have stolen, or which may  found under circumstances which create suspicion of the Commission of any offence.

Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.

Every police officer acting shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be, conveniently transported to the Court or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation.

He may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same.

Provided that where the property seized is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Magistrate may direct search in his presence (Section 103)

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

Power to impound document, etc., produced (Section 104)

Any Court may, if it thinks fit, impound any documents or things produced before it under this Code.
Article Categories:
Criminal law

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