Search and Seizure

Search is an effective tool in the hands of the authority and the same time, it constitutes a
serious invasion on the liberty of a person.

Search means – Looking for, Exploration or Probing

Search –Where: House, building and premises, Person, Vehicle

Search – What For:

• Discovery of contrabands article or illicit goods or stolen property.
• Documents – This may be relevant or incriminating in any form.
• Evidence of guilt

Law relating to Search in Brief

 Search with warrants

Search without Warrants

Relevant Sections of Law Regarding Search of a Place

• Search of a place entered by a person sought to be arrested – Sec. 47 CrPC.
• Without warrant, for investigation – Sec. 165 CrPC.
• Search under warrant issued by the Court:
• For production of certain documents or thing (S. 93)
• Place, suspected to contain stolen property etc. (S. 94)
• For publications forfeited by the Government (S. 95)
• Recovery of persons wrongfully confined (S. 97)
• Restoration of abducted females (S. 98)
• Document or thing in postal custody (S. 92)

Search Warrant – What is it?

A search warrant is a warrant issued by a Court for the search of a place to be executed in the same way as a warrant for arrest of a person (Sec. 99), subject to the special safeguards provided in Section 100 CrPC.

Simply speaking, it is an authority given by a competent public servant to search a place for anything or person.

Search by Magistrates in his Presence: (Section 103 CrPC)

Any Magistrate (judicial or Executive) is empowered to direct search to be made:

• In his presence
• Of any place
• For the search of which he is competent to issue a search warrant.