Saturday, 28 May 2022

Law related to Search Warrant under Chapter VIII A Cr PC

 Law related to Search Warrant under Chapter VIII A Cr PC

The provisions relating to summons to produce papers or other objects, search-warrant provisions, and other regulations connected to search and seizure are covered in Chapter VII, which contains Sections 91-100 of the Code of Criminal Procedure, 1973. The provisions of this chapter deal with summons and warrants, including their issuance, service, and execution.

A summon is a command from a Court to an individual, to appear at a given time and place before him. A summons can be issued in both criminal and civil situations. A warrant is a legal document issued by a court or magistrate that allows a police officer to make an arrest, conduct a search, confiscate property, or do other actions related to the administration of justice.

The word ‘search’ refers to the operation of government machinery that involves checking through or carefully inspecting a location, area, person, object, etc. to detect something hidden or to reveal the pieces of evidence of a crime. The police can lookout for an individual or a car or premises, but only after taking necessary and legitimate lawful approval. “Seizure” is a vigorous action that unexpectedly takes over, captures, removes, or overwhelms an entity or an individual.

The ability to search and seize is a necessary power for the improvement of society; nevertheless, search and seizure is a highly subjective process by nature, and the exercise of power is subject to certain procedural limits. Officers with the authority to conduct a search and seizure have precise authorities, and reporting to a senior official is necessary at each level to ensure that no officer acts arbitrarily.

The authorization to search and seize must be expressly stated in the legislation, and the officer in issue must adhere to the established regulations and procedures. Police officers have the ability to conduct investigations, make arrests, conduct searches, seize individuals and their property, and even use force when necessary. Yet this power must be exerted within the limits of the law, and when officers exceed those limits they jeopardize the admissibility of any information gathered for prosecution.

Form number 10 is for the warrant to search after the officer receives a piece of information about the particular offence, once it is filed. Form number 11 is for the search of any particular place which is the suspected place of deposit. Under Form number 30, Special Summons is issued for the person who is accused of committing petty offences. Under form number 33, Summons to witness are executed. These are the forms relating to search warrants and summons.

The Police ought to seek the vicinity withinside the way particular withinside the given warrant, taking the ownership of belongings that might be objectionable or stolen. He has to bring a bout the equal to the Magistrate or has to shield the equal till the culprit is taken to the Magistrate. He might also additionally eliminate the objectionable article in a few secure vicinity and If he reveals any person who can be concerned withinside the deposit, sale, or manufacturing of the objectionable article or stolen belongings, he might also additionally take the person in custody and later convey him earlier than the Magistrate.

Coming to the articles/matters which can be taken into consideration as objectionable as in keeping with Section 94 – 

counterfeit coins, forex word or stamps,

solid documents

fake seals

Pieces of metals prohibited below the Metal Tokens Act,1889 (1 of 1889), or added in India as prohibited pursuant to Section eleven of Customs Act, 1962 (fifty two of 1962).

Objects taken into consideration as obscene below Section 292 of IPC (forty five of 1860)

Instruments that can be used for the manufacturing of the above objectionable articles.

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