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Search and Seizer sec 93-102 of Crpc
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Notes on sub topic search and seizer of Crpc
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Subject: Code of Criminal Procedur-IB.A.LL.B-VIIIth Sem
Subject Teacher: Dr. Md. Junaid
Teaching Material of Unit-III-(C)(b)
Topic: Search and Seizure-Sections 93-102
Search and Seizure-Sections 93-102
The term ‘search’ denotes that action of government machinery which includes looking through
or examining carefully a place, area, person, object etc. in order to find something concealed or
for the purpose of discovering evidence of a crime. Such search of a person or vehicle or
premises or of any other thing can only be done by taking proper and valid permission of law.
The act of seizing is well known as seizure. It is a forceful action in which an object or person is
suddenly taken over, grabbed, removed, or overwhelmed.
Section 91 of CrPC provides for when can the summons/orders be issued to produce documents
or other things. A court issues a summons and an officer in charge of a police station issues a
written order. It is issued whenever any court or an officer in charge of a police station considers
that the production of any document or other thing is essential or desirable for the purposes of
investigation inquiry, trial or other proceedings under this code, such court or officer may issue a
summons or order to the person in whose possession or power such document or thing is
believed to be in possession. It requires him to attend and produce it at such time and place as
stated in the summons or orders. Sub-section (2) of Section 91 provides that the person who is
required to produce a document or thing under this section shall be deemed to have complied
with all the requirements if he causes such things to be produced instead of physically attending
it personally to produce the same. Sub-section (3) states that this section will not affect Section
123 (Evidence as to the affairs of state) and Section 124 (official communications) of the Indian
Evidence Act, 1872 or the Bankers’ Books Evidence Act, 1891. It specifically does not apply to
a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal
, or telegraph authority. A person who appears in court, in regards to a summons under this
section, does not become a witness and cannot be examined thereafter.
Search warrants
As per the law dictionary and as observed in different judicial decisions, the term ‘search’, in the
simplest language, denotes an action of a government machinery to go, look through or examine
carefully a place, area, person, object etc. in order to find anything concealed or for the purpose
of discovering evidence of a crime. The search of a person or vehicle or premises etc., can only
be carried out under proper and valid authority of law. It is also well established that search
should have a nexus with the crime, it cannot be a random search.
A search warrant is a written order which is issued by a Judge/ Magistrate or a Court to a police
officer or any other person authorizing them to conduct a search of a person, location or vehicle
for evidence of a crime and confiscate illegal evidence of a crime. The court in Kalinga Tubes
Ltd. v. D. Suri and in many other cases has cautioned the police officer to use search warrant
with a little precaution and care and do not abuse their power.
Section 165 of CrPC provides for the circumstances and the way in which search is carried out
by a Police Officer. A police officer while making an investigation should have reasonable
grounds for believing that something very necessary for the purpose of investigation into an
offense which he is authorized to investigate may be found in any place within the local limits of
the police station in which he is in charge. He is also required to make a record in writing
specifying his grounds of belief and why the search was conducted within the limits of such
station.
When the search warrant is issued?
In the following circumstances and conditions a search warrant is issued by a court:
1. Where a court has reason to believe that a person to whom summons or orders under
Section 91 and a requisition under Section 92(1) is addressed will not produce the things
or documents as required.[Section 93(1)(a)]
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