When a Court or a Police Officer requires certain documents or any other things for trial or inquiry or for investigation and those documents or things are believed to be in the possession of a person. And, if he is called to produce the documents or things by the Court through Summons or by a written order of the Police. Provided, the person produced those documents or things in the Court or to the Officer concerned, he is said to have complied with the Order of the Court or the Officer even if he does not appeared in the Court or before the Officer physically.

This provision does not affect Sections 123 and 124 of the Indian Evidence Act or the Bankers’ Book Evidence Act or the postal authority.

When a District Magistrate, Chief Judicial Magistrate, Sessions Court or High Court requires Postal or Telegraph Authority to deliver document, parcel or thing for trial, inquiry or investigation or for any other purpose and those document, parcel or thing are believed to be in the possession of the Postal or Telegraph Authority and it is expected of them to deliver to the Magistrate or the Court or to the directed person.

Provided the Magistrate – Executive or Judicial, SP or Commissioner of Police requires document, parcel or thing for the purpose of investigation, trial or inquiry from the Postal Department or Authority, the authority may cause search by detailing out the documents or things looking from the Postal or Telegraph Authority pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1). 

B – Search Warrants

Any Court, who has reason to believe that the person against whom Summons were issued under Section 91 of Cr.P.C. or a requisition made under Section 92 of Cr.P.C. for the production of document, parcel or thing and the person who received the Summons or request but did not deliver the required things to the Court.

Otherwise, the Court would not know in whose possession the required things are with. It then issue a Search Warrant in the name of a person it identified to conduct search and who can search the premises or the place as per the procedures laid down in the Cr.P.C.

Whereas, the Court issuing a Search Warrant may specify the things required to be searched and the place of search, the Executant should not go beyond the scope or parameters laid down in the Warrant when he conducts a search.

Only Chief Judicial Magistrate or above his ranks are authorised under Section 92 of Cr.P.C. to issue Search Warrant against the Postal or Telegraph Authority.    

The District Magistrate, Sub Divisional Magistrate or the Magistrate of First Class based on the available information and inquiry therein has reason to believe that any place is used for the purpose of depositing stolen property or objectionable article he can issue a Search Warrant authorising a Police Officer above the rank of Constable,

1. To enter into the identified place
2. To search those things as described in the Warrant
3. To take custody of all those property or articles he suspect it to be stolen and objectionable
4. The property should be transferred together with the Offender before the Magistrate or till the Offender is caught. In the meantime, guard the property / article on the spot or stock it safely in some place.
5. Everyone who has connection or knowledge of the offence of depositing, procuring, sale of the stolen items or objectionable articles be taken into custody and produced before the Magistrate

The identified objectionable articles amongst others such as forged documents, obscene objects and such similar things.

Any published copy of the newspaper or book or a document and its contents appeared to the State Government as unlawful and punishable offence under the provisions of the Indian Penal Code, the Government then by notification citing reasons for its decision to forfeit the copies of the publication to it.

The Officer not below the rank of Sub Inspector of Police on reasonable doubt and based on a Search Warrant can conduct search into the premises where any copy of the banned published items are stored, sold or in display. Document includes paintings, drawing or photograph or other visible representation.

Otherwise, no questions for the actions committed by the State shall be raised by any Courts, but, except under Section 96 of Cr.P.C.

The aggrieved person, over the notification of forfeiture of his copy of the newspaper, book or document by the State Government under Section 95 of Cr.P.C., can file an Application in the High Court within two months from the date of notification published in the Gazette, to set aside the Government Order against the ban enforced under Section 95 of Cr.P.C.

Such Application shall only be heard by the High Court Judges comprising minimum three in numbers or more. Wherein, the High Court does not have a bench of three Judges and a special bench may be constituted or could be heard by all the Judges of the High Court.

The Court should be presented with those banned copies of the newspaper or book or document which are clearly marked or paginated the words, signs or visible representations relating to forfeiture was made by the State under a notification. 

Provided the High Court is satisfied that it could not see anything wrong in the published items then it could set aside the notification issued by the State. Wherein, if dissenting opinion is expressed amongst the Judges, then there shall be majority opinion be followed.

If a person is subjected to wrongful confinement and such information came to be acquainted by the District Magistrate, Sub Divisional Magistrate or the Magistrate of the First Class, he may issue a Search Warrant.

The Executant of the Search Warrant would follow the procedures laid down in Cr.P.C. and search the person who is said to be under confinement. Immediately upon discovering the person, the Executant must produce him in the Court and the Court shall pass an Order appropriately.

The woman or a minor female child if kept under unlawful detention and a Complaint to this effect came to a District Magistrate, Sub Divisional Magistrate or a Magistrate of the First Class, he can pass an Order for immediate restoration of the woman or child to her liberty to her husband, parent, guardian or any other legally binding person. The Authority can also direct to use force to comply with his Order.