INTRODUCTION
The Criminal Procedure Code of India is the procedural law that deals with the enforcement of the law of crimes in the country. This procedural law with the aspect of crimes, suspects, accused, and the evidence related to this code. However, the provisions of the code were framed to administer the criminal law. One Such Provision is related to Search and Seizure, The rules about search and seizure, including those about summonses to produce documents or other things, are covered in Chapter VII of the Code of Criminal Procedure, 1973, that is from Sections 91–100 will be analyzed in this writing.
MEANING
SEARCH
An effective investigation involves several important steps, one of which is search and seizure. The police have two methods at their disposal for conducting a search and seizure. One is governed by a warrant, while the other is without a warrant.[1] The process by which government machinery examines a location, a person, an object, etc. in detail to uncover evidence of a crime or to look for anything hidden is referred to as a “search.” Police are only allowed to search for people, cars, or locations with proper legal authorization.[2]
SEIZURE
The term “seizure” refers to a violent act in which an individual or thing is suddenly controlled, taken, removed, or defeated.[3] It is also referred to as obtaining ownership of the property once a search is completed.
SEARCH WITH WARRANT
According to Section 93 of CrPC[4], there are several situations in which a search warrant may be granted. First, a warrant may be issued against an individual if the court determines that the person who has been called or ordered will not deliver the required item or document. In cases when the court is uncertain of the owner of the document, it may also be issued.[5]
CIRCUMSTANCES IN WHICH SEARCH WARRANTS ARE ISSUED
- The competent court may issue a search warrant by Section 93(1) (b)[6] of the CrPc if it is not known to the court that the item or document is in the possession of any individual.
- Section 93(1)(c) of the CrPc [7]states that the court may order a search with a warrant to conduct any trial, investigation, inspection, or other required processes.
- Section 94 of CrPC[8] states that a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class may, by the warrant, authorize any police officer above the rank of constable to enter and search the location and seize any property or articles if they have reason to believe that it is being used for the deposit or sale of stolen property, or the deposit, sale, or production of any objectionable articles like counterfeit coins, stamps, currency notes, false seals, etc.
- Section 95 of the CrPC[9] states that “the State Government may, by notification stating the grounds for such action, declare every copy of such newspaper or book, etc. to be forfeited to the government where any matter contains that which the publication of is punishable under any of the Sections 124-A, 153-A, 153-B, 292, 293, 295-A, Penal Code, 1860 (IPC)”. After making such a declaration, any magistrate may, by warrant, permit any police officer ranking at least as high as Sub-Inspector to enter and search any property where they would be reasonably suspected of being
SEARCH WITHOUT A WARRANT
- Section 103[10] of the CrPC states that any magistrate with the authority to issue a warrant may do so to search a location if doing so is necessary for an inquiry.[11]
- A senior police officer may search without a warrant under Section 165[12] of the CrPC if there is no time to get a search warrant and there is an urgent need to search a particular place.[13]
- According to Section 166[14] of CrPC if the situation demands then the police officer can search a place without a warrant beyond the limit of his police station and such search can be arranged through the station house officer or by the police officer himself.[15]
- Section 152 [16]of the CrPC states that police may search and seize any weights and measures they perceive to be fraudulent; however, they also must report their findings to the relevant jurisdiction’s magistrate.[17]
GENERAL PROVISIONS RELATING TO SEARCH
- According to Section 100 (1)[18] of CrPC the person who is in occupation of any place and when that particular place is closed then the authority who has the competent power can search such place which is liable for the inspection and the concerned individual should make all the reasonable facilities to the concerned authority for the search.[19]
- A person searching may access the premises by breaking any interior or outdoor door or window with the required admission, per Section 100(2)[20] of the CrPC, if such a search is not possible.
- When performing a search in a specific location, police officers are permitted by Section 100(4)[21] of the CrPC to call any two respectful residents as witnesses.[22]
- The weight of the evidence provided by the investigating officer searching will be reduced if the search witness is not physically present within the location.[23]
- Section 100(5)[24] of the CrPC mandates that any items discovered by the officer during the search must be signed by the concerned witness who was present in person during the search.
- Section 100(5)[25] of the CrPC states that the relevant search officers or witnesses may attest to the officers’ seizure of the objects during the trial.[26]
IRREGULARITIES IN SEARCH
- According to Section 93(3)[27], a search warrant for a parcel, thing, or document held by the postal authority may only be issued by a District Magistrate or Chief Judicial Magistrate. Any other magistrate who issues a search warrant without the necessary authority will be declared null and void.[28]
- A civil court trespass suit may be brought against police officers for entering a search area without following the required legal procedures.[29]
- The occupant of the search place can obstruct any search proceedings when such search proceedings are not up to the legal proceedings.[30]
SEIZURE
- Section 102[31] of the Criminal Procedure Code allows any police officer to seize any item that is allegedly or maybe suspects to be stolen, or that is discovered in a way that raises suspicions of criminal activity.[32]
- The seized items must be delivered to the court as soon as possible and within a reasonable amount of time.[33]
- Without the permission of the appropriate court, the police cannot dispose of the seized property. Under sub-section (2) of Section 102 CrPC,[34] the police have the authority to give any person on execution of a bond the custody of the seized property that cannot be kept in their custody for lack of accommodation and be directed to produce before the court whenever necessary.[35]
CONCLUSION
The ability to search and seize is a crucial tool for advancing societal welfare, but it is also a very subjective process with some procedural limitations due to its inherently subjective nature. The authorities granted to an officer to perform a search and seizure are designated, and accountable reporting to a higher-ranking official is required at every stage to avoid any officer acting out of character. Officers must follow established protocols and follow laws that specifically give them the authority to search and seize.
Author(s) Name: L M Lakshmi Priya (Sathyabama Institute of Science and Technology, Chennai)
Reference(s):
[1] Ignou The Peoples University, ‘Unit-2- Arrest, Detention, Search and Seizure Structure’(Ignou The Peoples University)<https://egyankosh.ac.in/bitstream/123456789/38902/1/Unit-2.pdf> accessed 25 December 2023
[2]Anjali Singh, ‘Search and Seizure under CrPC’ (Legal Vidhya, 20June, 2023) <https://legalvidhiya.com/search-and-seizure-crpc/> accessed 25 December 2023
[3] idib
[4] The Code of Criminal Procedure 1973, S93
[5] Law Bhoomi, ‘Search and Seizure under CrPC’ (Law Bhoomi, 26 September 2023) <https://lawbhoomi.com/search-and-seizure-under crpc/#:~:text=Section%2093%3A%20A%20search%20warrant,know%20who%20possesses%20the%20document.> accessed 25 December 2023
[6]The Code of Criminal Procedure 1973, S93 (1) (b)
[7]The Code of Criminal Procedure 1973, S93 (1) (c)
[8]The Code of Criminal Procedure 1973, S94
[9]The Code of Criminal Procedure 1973, S95
[10]The Code of Criminal Procedure 1973, S103
[11] R.V. Kelkar, Lecture on Criminal Procedure including Probation and Juvenile Justice (6th edn, EBC 2017) 53
[12]The Code of Criminal Procedure 1973, S165
[13] Kelkar (n 11)
[14]The Code of Criminal Procedure 1973, S166
[15]R.V. Kelkar, Lecture on Criminal Procedure including Probation and Juvenile Justice (6th edn, EBC 2017) 54
[16]The Code of Criminal Procedure 1973, S152
[17] Kelkar (n 15)
[18]The Code of Criminal Procedure 1973, S100 (1)
[19]R.V. Kelkar, Lecture on Criminal Procedure including Probation and Juvenile Justice (6th edn, EBC 2017) 54, 55
[20]The Code of Criminal Procedure 1973, S100 (2)
[21]The Code of Criminal Procedure 1973, S100 (4)
[22] Kelkar ( n 19)
[23]ibid
[24]The Code of Criminal Procedure 1973, S100 (5)
[25]idib
[26] R.V. Kelkar, Lecture on Criminal Procedure including Probation and Juvenile Justice (6th edn, EBC 2017) 56
[27]The Code of Criminal Procedure 1973, S93 (3)
[28] Kelkar ( n 26)
[29]R.V. Kelkar, Lecture on Criminal Procedure including Probation and Juvenile Justice (6th edn, EBC 2017) 57
[30]ibid
[31]The Code of Criminal Procedure 1973, S102
[32] Puducherry Police, ‘Searches Property and Seizure’ (Puducherry Police)
<https://police.py.gov.in/Police%20manual/Chapter%20PDF/CHAPTER%2038%20D%20Searches,%20Property%20and%20Seizure.pdf> accessed 26 December 2023
[33] Ibid
[34] The Code of Criminal Procedure 1973, S102 (2)
[35]Egyankosh,’Arrest Detention Search and Seizure Structure’ (Egyankosh)
