Section 94 CrPC: Search of Place Suspected to Contain Stolen Property or Forged Documents
1. State the Code:
Section 94 of the Code of Criminal Procedure, 1973 (CrPC) deals with the search of a place suspected to contain stolen property or forged documents.
2. Explain It:
This section empowers a police officer, not below the rank of Sub-Inspector, to search any place where he has reason to believe that stolen property or forged documents are concealed. This search can be conducted with or without a warrant depending on the circumstances.
- Without Warrant: The officer can search without a warrant if he has reason to believe that the delay in obtaining a warrant would defeat the purpose of the search.
- With Warrant: A warrant is required if the officer believes that the delay in obtaining a warrant would not defeat the purpose of the search. This warrant is issued by a Magistrate.
The officer must record the reasons for the search and the property seized in a written form. The property seized is then presented before the Magistrate.
3. Illustrate It:
Imagine a police officer receives information that stolen jewelry is being hidden in a particular house. The officer can, under Section 94, search the house without a warrant, as obtaining a warrant could take time and the suspect might dispose of the jewelry. If the officer doesn’t have immediate reason to believe the jewelry is being hidden, he can apply to a Magistrate for a warrant to search the house.
4. Common Questions and Answers:
Q: Who can conduct a search under Section 94?
A: A police officer not below the rank of Sub-Inspector can conduct a search under this section.
Q: When is a warrant required for a search?
A: A warrant is required if the delay in obtaining a warrant would not defeat the purpose of the search.
Q: What happens to the property seized during the search?
A: The property seized is presented before the Magistrate.
