SEARCH WITH OR WITHOUT WARRANT. Criminal Procedure Code,1973
1. Criminal Procedure Code provides 5 methods for bringing the accused before the Court.
2. In the same manner Criminal Procedure Code provides 4 methods for the production of documents or things that are extremely important for the investigation or the trial.
3. Material objects play a significant role in determining the guilt or innocence of the accused person.
4. As the material objects are considered to be very important piece of evidence. They should be produced before the court at any cost.
5. Same is the case with the documents used by the accused for committing the offence.
6. For the purpose of the production of documents and the things Criminal Procedure Code provides 4 methods:-
a. Summons to Produce;
b. Procedure as to Telegrams and Letters;
c. Search with Warrant; AND
d. Search without Warrant.
SEARCH WITH WARRANT—SECTION. 93 TO 98.
A. WHEN SEARCH WARRANT MAY BE ISSUED—SECTION 93:-
1. When the Summons given under Section 94 is violated; search warrant may be issued.
2. When the Police-Officer explains to the court that he is required to conduct the search of various places in a locality for the identification of any items used by the accused for committing that offence, court if satisfied grants him General Search Warrant.
3. When the Police-Officer explains to the Court that- he is required to conduct the search of a specific place for a specific item, then court may issue specific search warrant.
B. SEARCH FOR STOLEN GOODS AND OBJECTIONABLE ARTICLES—SECTION 94:-
1. When the Police-Officer comes to the conclusion that a place is being used for storing the stolen property and objectionable articles, he can search the place with a warrant issued by either District Magistrate or Chief District Magistrate or Magistrate of First Class.
2. Here, Objectionable articles means any—item used for forging the documents or any metals, keep in contravension of metal tokens order or items used for counter-feiting coins, currency notes and government stamps etc.
3. Under this section – search with warrant can be conducted by any person above the rank of constable.
C. GOVERNMENT’S POWER TO PASS THE ORDER OF FORFEITURE—SECTION 95:-
1. Appropriate Government has got the power to declare certain publications forfeited.
2. When order of forfeiture is passed either the District Magistrate or SDM or Magistrate of First-Class can issue the search warrant for the search of a place used for keeping the forfeiture publications.
3. Here, the expression publication includes any document and any invisible representation.
D. APPLICATION TO SET-ASIDE THE ORDER OF FORFEITURE—SECTION 96:-
1. The person’s aggrieved by the action of the appropriate government under Section 95 has got the remedy under this section.
2. When a book or a film (DAVINCI CODE- MOVIE WAS BANNED) etc.. is forfeitied, the aggrieved publisher or producer as the case may be approach the High Court within 2 months asking it to set-aside the order of forfeiture.
E. PERSONS WRONGFULLY CONFINED – SECTION 97:-
1. Wrongfully confining a person is an offence under IPC.
2. Whenever a person is wrongfully confined, there are two (2) remedies available to him i.e.. 1. Constitutional Remedy under Article 226 called Writ Of Habeas Corpus and 2. Procedural Remedy under Section 97 of CrPC called Search for Persons wrongfully confined.
3. Whenever, a person is wrongfully confined, is a near and dear – under this section can approach either the, District Magistrate or SDM or Magistrate of First Class for getting the search warrant issued.
4. Then the place where the victim was kept will be searched by the police or the Advocate Commissioner to identify him.
F. SEARCH FOR ABDUCTED FEMALES—SECTION 98 :-
1. Whenever a female is abducted with a guilty intention the aggrieved person may approach either the District Magistrate or SDM or Magistrate of First Class for the Search Warrant.
2. Then the concerned Magistrate will issue the search warrant and authorise the police to conduct the search of the so called place for getting that Woman released.
SEARCH WITHOUT WARRANT:-
A. SECTION—103—SEARCH BY A MAGISTRATE:-
1. Any Magistrate who is capable of issuing search-warrant can conduct a search of a place on his own or cause it to be conducted by some other person.
2. Here, the offence may be cognizable or non-cognizable it makes no difference.
B. SECTION – 165—SEARCH BY POLICE OFFICER:-
Police Officer may conduct the search of a place without warrant:-
1. Police officer investigating a cognizable case is authorised to conduct the search of a place without warrant.
2. Under this section—only specific search is allowed without warrant.
3. Whatever items are recorded during the time of search a list has to be prepared and a copy of that list should be sent to the Magistrate and the another copy has to be given to the occupier.
C. SECTION 166—As per this Section—When one Police-Officer of one Jurisdiction makes a request to the Police-officer of an other jurisdiction asking him to conduct the search of a place in the Jurisdiction, that Police-officer can conduct that search without warrant.
D. SECTION 153—INSPECTION OF WEIGHTS AND MEASURES—Any Police-Officer may inspect the places without warrant for the identification of false Weights and Measures if any.