Code:
(1) (a) Where any Court has reason to believe that a person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or
(b) where such document or thing is not known to the Court to be in the possession of any person, or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
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.
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.
Common Question & Answers:
Q: Who can issue a search warrant?
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.
