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
|General Search||Sec. 93 CrPC|
|Stolen Property/Forged Documents etc||Sec. 94 CrPC|
|Forfeited Publications||Sec. 95 CrPC|
|Wrongfully confined persons.||Sec. 97 CrPC|
|Restoration of abducted females.||Sec. 98CrPC|
Search without Warrants
|Magistrates||Sec. 103 CrPC|
|Police Officer (O/C)||Section 153 CrPC |
Section 165 CrPC
Section 168 CrPC
|Search of a person||Sec. 51 CrPC|
Sec. 52 CrPC
|Power of Police to Seize Without Warrant||Sec. 102 CrPC|
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.