2.5.1 Nature and scope of search warrant Search warrant is a written authority given to a Police Officer or other person bya competent Magistrate or Court for the search of any place either generally of for specified things or documents. Section 93 (1)(a) the Criminal Procedure Code, 1973 provides that when the Court has reasons to believe that a person to whom a summons or order under Section 91 has been or might be addressed will not or would not produce documents or things as required by such summons may issue search warrant. Section 93 ofthe Code contemplates three situations in which the Court may issue a search warrant only when a Court has reasons to believe; a. Thataperson who has been summoned will not produce document, or b. That a document is not known to be in possession of any person, or c. That the purposes of any inquiry, trial or other proceeding will be served by a general search or inspection. Scanned with CamScannerV. S. Kuttan Pillari v. Ramakrishnan and Another, AIR 1980 SC 185, it has been held that the issuance of search warrant is a serious matter and it would be advisable not to dispose ofan application for search warrant in a mechanical way bya laconic order. Issue of search warrant being in the discretion ofthe Magistrate it would be reasonable to expect of the Magistrate to give reasons which swayed his discretion in favour of granting the request. 2.5.2. Search of place suspected to contain stolen property Section 94 provides that ifa District Magistrate, Sub-divisional Magistrate or Magistrate of the First Class, upon information and inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article, or that any such objectionable article is deposited in any place, he may by warrant authorize any police officer above the rank ofa constable; To enter with such assistance as may be required, such place, To search the same in the manner specified in the warrant, To take possession of any property or article suspects to be stolen To take possession of any objectionable article To convey such property or article before a Magistrate, or To guard the same until the offender is taken before Magistrate, or To dispose ofit in some place of safety, To produce before a Magistrate every person found in such place 9 oP Objectionable articles under Section 94 Counterfeit coin Forged documents False seals Counterfeit currency note Counterfeit stamps Pieces of metal made in contravention of Metal Tokens Act, 1889 Obscene objects referred to in Section 292 of the Indian Penal Code Subal Chandra Samal v. Sailesh Kumar Pradhan, (1999) Cri.LJ 2414, it has been held that unless the Magistrate has reason to believe that the place is being so used, he would have no jurisdiction to issue search-warrant. The dispute between parties is essentially ofa civil one. epmoeno gph ee me & Scanned with CamScanner2.5.4 Search and seizure of publications forfeited Section 95 provides that whenever a Magistrate has reason to believe that any a) any newspaper, or book, orb) any document c) painting d) drawing or photograph or e) other visible representations proscribed by the Government is stocked, he may issue a warrant for search and seizure. Chandmal Chopra v. State of West Bengal, 1988 Cri.LJ, Chopra tried to ban the Quran. Chopra thought that the Quoran on grounds of religion promotes disharmony, feeling of enmity, hatred and ill-will between different religious communities and incite people to commit violence and disturb public tranquility. It has been held that the Holy books like Quoran cannot be the subject- matter of forfeiture. 2.5.5 Setting aside declaration of forfeiture Section 96 provides that any person having any newspaper, books or other document, in respect of which a declaration of forfeiture has been made under Section 95, may within two months from the date of publication in the official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the books or the other, document in respect of which the declaration was made, did not contain any such matter as is referred to in Subsection (1) of Section 95. 2.5.6 Search for persons wrongfully confined Section 97 provides that ifany District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue, a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper. The warrant being a specific warrant it cannot be endorsed to any other person by the person authorized to conduct the search. 2.5.7 Power to compel restoration of abducted females Section 98 provides that upon complaint made on oath of the abduction or unlawful detention ofa woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate ofthe first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, Scanned with CamScannerguardian or other person having the lawful charge or such child, and May compel compliance with such order, using such force as may be necessary, Scanned with CamScanner2.6.1 Nature and scope of search without warrant Section 103 provides that any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant. Where the provisions of Section 103 and 165 of the Criminal Procedure Code, 1973 are contravened the search can be resisted by the person whose premises are sought to be searched. It may also be that, because of the illegality of the search, the Court may be inclined to examine carefully the evidence regarding the seizure, but beyond these two consequences no other consequence ensues and the seizure of the articles is not vitiated as laid down in Zubeda Khatoon vy. The Assistant Collector of Customs, Legal, Bangalore, 1991 Cri.LJ 1392. 2.6.2. Search without warrant by police officer Section 153 provides that any officer in charge ofa police station may, without a warrant, enter any place within the limits ofsuch station for the purpose of inspecting orsearching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false. Ifhe finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information ofsuch seizure to a Magistrate having jurisdiction. Scanned with CamScannerSection 165 provides that generally a police officer shall conduct the search in person. However, Section 165 provid 1 les that in case if such police officer who he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, Tequire any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search isto be made; and such subordinate officer may thereupon search for such thing in such place. The copies of any record made shall be sent to the nearest Magistrate empowered to take cognizance to the offence, and the owner or occupier of the place searched shall, on application, be furnished, free ofcost, witha copy ofthe same by the ‘Magistrate. This provision is intended to ensure that the searches by the police officers are not arbitrary and are genuinely required in cases where there is no time to approach a Magistrate for a search warrant. Further, this Section provides that the an officer in charge ofa police station ora police officer can search any place without warrant only on being satisfied that there were reasonable grounds for believing that anything necessary for the purposes of investigation into any offence may be found in any place within the limits of the concerned police station and that such thing cannot, in his opinion, be otherwise obtained without undue delay. Subsection requires that if any such place is in the actual occupancy ofa female, not being the person to be arrested, and who does not appear in public, police officer shall, before entering such apartment, give notice to such female that she was at liberty to withdraw and would afford her every reasonable facility for withdrawal. Scanned with CamScanner