What is a Search-Warrant?
A search warrant is a written authority given to the police officer or other person by the competent magistrate or court for the search of any place either generally or specified things or documents. Section 93 of The Criminal Procedure Code 1973, speaks about when search warrant may be issued. A search warrant should be issued on petition using the form no.10 in Schedule II of the code of criminal procedure1973
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When search warrant may be issued (Section 93)
According to Section 93 of the code of criminal procedure code, 1973 Search warrant may be issued...
(1) (a) where any court has reason to believe that a person to whom a summons or 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 authorize 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.
Under Section 93 of the Criminal Procedure Code 1973, a search warrant can be issued only in three cases -
1) Where the court has reason to believe that the person summoned to produce a document or thing will not produce it;
2) Where the document or thing is not known to be in the position of any person;
3) Where a General inspection or search is necessary.
1) Aid to the Magistrates and the Police by the Public (Section 37 to 40 Cr.P.C)
2) Distinction/Difference between Inquiry and Investigation
3) Classes of Criminal Courts (Section 6 of The Criminal Procedure Code)
4) Difference between warrant and summons | Criminal Law
5) Legal Functions of Police | Law of Crime
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