C – General provisions relating to searches
The narratives in Sections 38, 70, 72, 74, 77, 78 and 79 to the maximum apply to all Search Warrants issued under Sections 93, 94, 95 or section 97.
The Executant of a Search Warrant, if required to search or inspect a place and which is closed, the owner or the resident of the place on the production of Search Warrant he or his aide be allowed to enter into the premises for search.
Provided, if the entry into the premises is unable to obtain then the Executant or his aide could follow the procedure laid down in Section 47 of Cr.P.C.
It is suspected that the person who is being searched is hiding somewhere around the place close to his search and or having concealed the searched articles around such place, search should be made in such place. Provided, the searched person is a woman and she be discovered by a woman only, by following strict decency.
Before commencing search operation, any two or more respectable local residents must be called in and in their presence such search should be made. If such people were not available locally, then they must be called in from the near-by place and search be done in their presence provided they ready to stand as independent witnesses, a written order must be issued to them to do so.
The articles those seized in such places in the presence of those independent witnesses must be recorded in a list by the Officer who executes the Search Warrant or under his instructions his aide and finally witness signatures should be obtained in the list. Otherwise, no witnesses are required to appear in the Court unless they were summoned.
The occupant of the searched place or his representative must be allowed to attend while carrying out search. The seized articles list signed by the witnesses must be given to the occupant or his representative.
Similarly, when any search was made other than the place of the search, and the person against whom such Warrant was executed concealed his articles in that other place, in such case, the occupants or his representative be given such seizure list signed by the witnesses.
Any person who refuses or neglects to attend as a witness having after tendered written order to this effect, he shall be prosecuted under Section 187 of the IPC.
The Search Warrant issued by a Court beyond its local Jurisdiction for seizure of certain articles, and if they found upon search, those articles together with other things seized from such Search be listed. Then the articles be taken to the Court which issued Warrant. If that Court is far away, then the nearest Magistrate Court having Jurisdiction over the searched place or the other Court available therein and such Magistrate shall by an Order empowering the Executant to take it to appropriate Court.
D – Miscellaneous
The Police Officer may seize any property which he suspect to have been a stolen one, otherwise, the circumstances in which those properties were found raise doubt over commission of any offence.
The Police Officer immediately report his seizure to his Incharge of the Police Station if he is subordinate to him.
The Police Officer must immediately report the seizure to the Jurisdiction Magistrate and if the property can never be transported to the Court he give custody of the same to any other person upon his executing a bond and produce the property in the Court as and when required or any other Order allowing its disposal by the Court.
Magistrate, if required to be make searches in his presence at any place, if he is competent to issue a Search Warrant.
Under this Code any Court can impound any document if it thinks fit.
The Court, functions within the territories of the Code of Criminal Procedures applies or extends, can
- Issue a Summons to an Accused person, or
- Issue Warrant of Arrest of an Accused person, or
- Issue Summons to a person to appear and produce a document or other thing
- Issue a Search Warrant
Which could be served or executed at any place within the local jurisdiction of any Court in any State or territory in India, it can send Summons or Warrant in duplicate by post to the concerned person or it could also be sent to the Presiding Officer of that Court where he resides or stay for its service or execution. Whereas, Section 68 of Cr.P.C, shall apply in the case of servicing of Summons.
Provided the Summons or Warrant requires to be serviced or executed outside the territories of India, then the Central Government may have arrangements with other Government where the addressee resides or operates, it may send such Summons or Warrant in duplicate in such form directed to such Court, Judge or Magistrate for transmission to the addressee.
When a Court in the said territories receives a Summons or Warrant for service or execution –
- A Summons to an Accused person, or
- A Warrant for the Arrest of an Accused person, or
- A Summons to any person to appear and produce a document or other thing
- A Search Warrant
Issued by a Court in any State in India outside the said territories;
A contracting State [Country outside Indian territories] Court or Judge or Magistrate, which may serve the Summons or execute a Warrant as such it was issued by a local Court of that Country and where;
- A Warrant of Arrest is executed the arrested person shall be dealt to an extent under Section 80 and 81 of Cr.P.C.
- A Search Warrant is executed then it shall be dealt according to the procedure prescribed in Section 101 of Cr.P.C.
The Court of the Contracting State who executed a Warrant or Summons and should have procured any documents or things it shall forward to the Court who issued Warrant or Summons through such authority as per the advisories of the Central Government in this regard.