Police have power to do Search and Seizure of the articles relating to crimes. A procedure have to be followed for Search and Seizure and Warrant of arrest.
It has been given from Section. 91 to 105 of Cr.P.C. It includes following points :-
- Summons to produce—Section. 91 and 92;
- Search Warrant – Section. 93 to 98;
- Procedure of Search – Section. 99 to 101; And
- Miscellaneous Search – Section. 102 to 105.
SUMMONS TO PRODUCE – SECTION. 91 AND 92 – When any document or article is in possession of particular party or accused then police may inform it to the Magistrate. On information of police, Summon is issued to respective party to produce it on particular date and time or within particular period.
If such party may not comply the Summons then further steps is taken for production or seizure of such articles.
SERACH WARRANT – SECTION. 93 TO 98—
When summon is not complied then police can obtain Search- Warrant. Or Arrest warrant or search cum arrest warrant.
IT CONTAINS FOLLOWING POINTS—
- There is name of the Court at the top of the Warrant.
- Detail relating to crime number or title(Robbery, theft, etc.)
- Name of the police station who have to execute the warrant.
- Name of the accused with the other details such as Father name, age, occupation, address etc. Identification mark if it is known, so that the wrong person should not be arrested.
- Photo, sketch is also enclosed.
- If it is Search Warrant then address of the premises is written with name for Clarification.
- On Search warrant there is Signature of Magistrate.
- Handed over to respective police- station.
- Superior officer of the police station marks endorsement in name of sub-ordinate officer to execute the warrant.
- Such warrant to be executed within 24 hours.
- If the house is locked then the (police officers) should not enter by breaking the locks.
- Warrant is enforced unless it is cancelled. It is generally, cancelled when such person surrenders before police or court.
- Copies of warrant can be sent to other police station and any police officer can arrest, but he has to hand over arrested person to respective police station;
- Reasonable force can be applied at the time of execution of warrant such as to tie hands, to catch colour and drag the person.
- If there is any danger to life of the officer at the time of arrest then officer can cause injury.
- When arrested person is brought to police station then all articles are removed and list is prepared and those are given at the time of release.
- Female to be arrested by lady police officer. If there is no lady police officer then male officer can arrest but with dignity and decorum.
PROCEDURE RELATING TO SEARCH—SECTION. 99 TO 101
Police officer can enter into any property when there is a search warrant. If there is search cum arrest warrant then there is search of complete premises they can make seizure of relevant documents or articles which are relating to crime.
- When articles are seized then police officer prepares search report in which there is detail about seized articles.
- Attestation of two witnesses from locality is taken on it and one copy is given to accused or family members.
MISCELLANEOUS PROVISION – SECTION. 102 TO 105—
- When articles are seized then it should be produced in court before Magistrate.
- Magistrate may keep in the court or order the police to keep it in police custody ( Seized articles).
- Police have to entries in seizure register.
- These articles are used to prove the facts at the time of trial.
- Magistrate have power to pass the order before, during or after trial to hand over the property to relevant party with necessary conditions and sureties.
- State can also declare reward if any-body gives information about such person.
- If no one comes to claim then it is disposed by public auction and amount is deposited in government treasury.