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पुलिस कब ले सकती है आपके घर की तलाशी ? | Search Warrant | Cr.P.C. |
Laws relating to Search Warrant explained by Bharat Sharma from Century Law Firm, Delhi in Hindi
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Search Warrant | Search with Warrant | Search without Warrant | Power of Police | Power of Magistrate | Criminal Procedure Code | Indian Penal Code | Sections 93, 94, 95, 97, 103, 153, 165 of CrPC |
A search warrant is a written order issued by a magistrate or a judge, authorizing law enforcement officials to conduct a search of a particular place, person, or property for specific evidence that may be used as evidence in a criminal investigation or trial.
Under the Criminal Procedure Code (Cr.P.C.), a search warrant can be issued by a court only if it is satisfied that there are reasonable grounds to believe that an offence has been committed and that the evidence related to the offence is located at the specified place.
The search warrant specifies the place to be searched, the objects to be seized, and the time during which the search may be conducted. The search must be conducted in accordance with the procedures laid down in the Cr.P.C., which requires that the search be carried out in the presence of two independent witnesses, preferably from the locality, and that a list of all items seized be prepared and signed by the witnesses.
It is important to note that a search warrant can be executed only during daylight hours, except in exceptional circumstances where the magistrate or judge has specifically authorized a search to be conducted during the night. In addition, a search warrant must be executed with reasonable care and caution, so as to avoid unnecessary damage to the property being searched.
A person who obstructs or resists the execution of a search warrant can be punished under the Indian Penal Code, with imprisonment for up to two years, or a fine, or both.
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