THIS ARTICLE IS WRITTEN BY Falguni Ghude & TOPIC DISCUSSED IS SEARCH AND SEIZURE UNDER CrPC
Introduction
The Criminal Procedure Code (CrPC) of India is a fundamental aspect of the country’s legal system, governing the enforcement of criminal law and the investigation process. Among the key procedures outlined in the CrPC is the power of search and seizure, a critical tool used by law enforcement to investigate criminal activities. In this blog, we will delve into the provisions related to search and seizure under CrPC, including the process, legal requirements, and potential irregularities that can occur.
What is Search and Seizure Under CrPC?
Search and Seizure is explained under Crpc where Search is provided under Section 93 Crpc refers to the process of examining a location, person, or object to uncover evidence related to a crime. This could involve searching places, vehicles, or even individuals when there is reasonable suspicion or legal authorization. On the other hand, Seizure provided under Section 165 is the act of taking possession of the property or evidence that may be relevant to an investigation.
There are two primary methods for conducting search and seizure: with a warrant and without a warrant. Let’s take a closer look at both scenarios.
Search with a Warrant
Section 93 of the Criminal Procedure Code (CrPC) outlines the conditions under which a search warrant may be issued. A warrant is a formal legal document authorized by the court that grants law enforcement officers the right to search a specific location and seize evidence related to a criminal investigation.
Circumstances in Which Search Warrants Are Issued
- Section 93(1)(b) of CrPC allows the court to issue a search warrant if it believes that an individual or entity is withholding documents or evidence that could be crucial to an investigation.
- Section 94 empowers a magistrate to authorize a police officer to search and seize items related to stolen property, counterfeit currency, and other illicit goods.
- Section 95 provides that a magistrate can issue a warrant to search for and seize items that fall under prohibited categories, such as publications promoting seditious or offensive content.
Search Without a Warrant
In urgent situations, law enforcement officers can carry out a search without a warrant. For example, when an officer believes that there is no time to obtain a warrant and that an immediate search is necessary, they can proceed under Section 165 of the CrPC.
- Section 103 allows a magistrate to authorize a search if it is deemed necessary for an investigation.
- Section 165 enables a police officer to carry out a search without a warrant if the situation demands immediate action.
- Section 166 allows a police officer to search outside their jurisdiction without a warrant if the situation warrants it.
General Provisions Relating to Search
The CrPC sets out general guidelines to ensure that searches are conducted legally and fairly:
- Under Section 100(1), the occupant of a property must allow the authorities reasonable access to conduct a search.
- If access to a place is blocked, officers can break down doors or windows to perform a search, as per Section 100(2).
- Section 100(4) requires police officers to call upon two respectable witnesses during a search to ensure fairness and accountability.
Irregularities in Search and Seizure Under CrPC
There are certain situations where irregularities can occur during a search and seizure:
- Section 93(3) stipulates that only a District Magistrate or Chief Judicial Magistrate has the authority to issue a search warrant for items held by postal authorities.
- If police officers enter a property without following the required legal procedure, it could lead to a civil suit for trespass.
- If the search is carried out unlawfully, the occupant of the premises has the right to obstruct the search proceedings.
Seizure of Property
Once evidence has been uncovered during a search, it may be seized by law enforcement officers. Section 102 of the CrPC allows police officers to seize stolen items or any property that may be linked to criminal activity.
- Seized items must be promptly delivered to the court. Officers are not allowed to dispose of seized property without the court’s approval, as stipulated in Section 102(2).
- The police may also transfer custody of seized property to a responsible person through a bond if the police do not have the space to store the items.
Conclusion
The process of search and seizure is an essential part of criminal investigations in India. However, it is equally important that law enforcement officers adhere to the legal provisions outlined in the CrPC to ensure that searches and seizures are conducted fairly and without violating the rights of individuals. The legal framework surrounding search and seizure aims to balance the need for effective law enforcement with the protection of citizens’ privacy and freedoms.
Understanding the procedures, requirements, and limitations of search and seizure is crucial for anyone involved in criminal investigations or legal processes. By ensuring compliance with the law, authorities can avoid potential abuses of power and uphold the principles of justice.
References
[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)
