CrPC Section 93: Search Warrant Issuance Requirements

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CrPC Section 93: Search Warrant Issuance Requirements

This section outlines the legal framework for obtaining a search warrant under the Code of Criminal Procedure (CrPC) in India. It details the circumstances under which a warrant can be issued, the information required, and the process for its execution.

1. Code:

CrPC Section 93: Power to issue search warrant.

2. Explanation:

This section empowers a Magistrate to issue a search warrant under specific circumstances, enabling law enforcement to search a place for evidence related to a crime. The Magistrate must be satisfied that there are reasonable grounds to believe that:

  • An offense has been committed.
  • The thing to be searched for is in the place to be searched.
  • The thing to be searched for is likely to be found in the place to be searched.

The warrant must specify the place to be searched, the things to be searched for, and the person to whom the warrant is to be delivered. The warrant must also be issued in writing and signed by the Magistrate.

3. Illustration:

Imagine a case where a theft has occurred, and the police believe that the stolen items are being concealed in a specific house. They approach the Magistrate with a written application detailing the incident, the suspected location of the stolen goods, and the reason for believing the evidence to be present in the house. If the Magistrate is satisfied with the information provided, they may issue a search warrant, authorizing the police to search the house.

4. Common Question & Answers:

Q: Who can issue a search warrant?

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A: A Magistrate, as specified in the CrPC.

Q: What are the grounds for issuing a search warrant?

A: Reasonable grounds to believe that an offense has been committed and the thing to be searched for is in the place to be searched.

Q: What information must be included in the warrant?

A: The place to be searched, the things to be searched for, and the person to whom the warrant is to be delivered.

Q: Can a warrant be issued for a person?

A: No, a warrant can only be issued for a place.

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