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Power of Search and Seizure under Code of Criminal Procedure, 1973

A Ashok Kumar
A Ashok Kumar
  • Apr 13, 2023
  • 8 min to read
Power of Search and Seizure under Code of Criminal Procedure, 1973 Kumar

The power of search and seizure is a fundamental aspect of the criminal justice system, and it is provided for in the Code of Criminal Procedure (CrPC). The power of search and seizure is an important tool used by the police and other investigative authorities to investigate criminal offences, and to collect evidence that can be used in court proceedings. The power of search and seizure is granted to the police under Section 102 of the CrPC. This section empowers the police to search any place for any person or property in relation to any offence or suspected offence. It also allows the police to seize any property found during the search, and take it into custody. The police can use this power to search premises, vehicles, and any other place where there is reasonable cause to believe that evidence of a crime may be found. The power of search and seizure is subject to certain restrictions and guidelines. For example, the police must have reasonable grounds to believe that a crime has been committed or is about to be committed, and that the search and seizure will produce evidence of the crime. The police must also provide a written notice of the search and seizure to the occupant of the premises, or to the owner or possessor of the property. The power of search and seizure is also subject to certain constitutional protections. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures, and requires that the police have probable cause before they can search and seize property. The Indian Constitution also provides protections against unreasonable searches and seizures, and Section 99 of the CrPC provides that the police must obtain a magistrates order before they can search or seize any property. In addition to the constitutional protections, the CrPC also provides certain safeguards to ensure that the power of search and seizure is not abused. For example, Section 103 of the CrPC requires that the police must prepare a list of the items seized during the search, and provide a copy of the list to the occupant of the premises or to the owner or possessor of the property. Section 104 of the CrPC also requires that the police must produce the items seized before a magistrate within 24 hours of the search and seizure. The power of search and seizure is an important tool in the criminal justice system, and it is essential for the investigation of criminal offences. However, it is important to remember that the power of search and seizure is subject to certain restrictions and guidelines, and must be exercised in accordance with the law. It is also important to remember that the power of search and seizure is subject to certain constitutional protections, and must always be used in a manner that respects the rights of individuals.

A Ashok Kumar
A Ashok Kumar

I have been practicing for 8 years in Civil, Criminal & Family matters cases and handling the matters ethically and professionally. I also handle NI Act, Recover, Banking, Domestic Violence, Divorce, maintenance, Property, Documentation, and Cyber Crime matters and have achieved professional experience in providing legal services. Further, I can undertake the following activities with a professional approach. I have enrolled with the BAR Council of KAR/1388/2015.

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February 14, 2019

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