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SEARCH WARRANT AND IT‟S EXECUTION

Submitted By:-
RUPAL DASH
2141801057
BBA LLB(H) SEMESTER 5, 3rd YEAR

SOA NATIONAL INSTITUTE OF LAW(SNIL)

SIKSHA „O‟ ANUSANDHAN (DEEMED TO BE
UNIVERSITY)
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DECLARATION

I, the undersigned Miss Rupal Dash declare that the work embodied
in this project work hereby, titled “SEARCH WARRANT AND IT‟S
EXECUTION”, forms my contribution to the research work carried
out under the guidance of Mr. Srinivas Nayak is a result of my own
research work and has not been previously submitted to any other
University for any other legal work to this or any other University.
Wherever reference has been made to previous works of others, it has
been clearly indicated as such and included in the bibliography.
I further declare that all information in this document has been
obtained and presented in accordance with academic rules and ethical
conduct.
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PREFACE

In this assignment I am going to discuss about one of the most in section of

CrPc which is Section 93. Section 93 of the Code of Criminal Procedure (CrPC)
serves as a pivotal provision in the realm of criminal investigations, vesting
magistrates with the authority to issue search warrants. This power, though
essential for law enforcement, demands a meticulous preface to elucidate its
scope, limitations, and underlying principles.

At its core, Section 93 embodies the delicate equilibrium between the state’s
imperative to unearth evidence for a fair trial and thesafeguarding of individual
liberties. The preface contemplates the necessity criterion, delving into the
conditions that must be met before a magistrate can exercise this intrusive
authority. It underscores the gravity of the decision, emphasizing the
requirement for credible information or reasonable suspicion that tangible
evidence crucial to the investigation is concealed within a certain place.
Moreover, the preface elucidates the significance of judicial oversight in the
issuance of search warrants under Section 93. It underscores the role of the
magistrate as a guardian of justice, entrusted with the responsibility to ensure
that the power bestowed by this provision is wielded judiciously and in
conformity with constitutional principles. This judicial scrutiny becomes
imperative in balancing the scales between the state’s pursuit of truth and an
individual’s right to privacy and protection against unwarranted intrusion.
Additionally, the preface may touch upon the procedural aspects of Section 93,
delineating the steps that must be followed in the application and execution of
search warrants. This includes the necessity for specificity in the description of
the place to be searched and the items to be seized, reinforcing the idea that the
intrusion must be targeted and proportionate to the exigencies of the
investigation.

In summary, the preface to Section 93 CrPC serves as a doctrinal guide,

illuminating the legal and ethical dimensions inherent in the grant of search
warrant powers to magistrates. It is a narrative that navigates the delicate
balance between the state’s duty to dispense justice and the imperative to shield
individuals from arbitrary invasions, thereby fostering a legal landscape that
upholds both justice and individual rights.
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ACKNOWLEDGE

I would like to convey my heartfelt gratitude to Mr. Srinivas Nayak for his

tremendous support and assistance in the completion of my project, and I

would like to take this opportunity to express my gratitude for providing me

with this wonderful opportunity to work on a project on the topic of Search

Warrant and Its Execution. The completion of the project would not have been

possible without his help and insights.

RUPAL DASH

2141801054
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INTRODUCTION

Section 93 of the Code of Criminal Procedure (CrPC) plays a pivotal

role in the realm of criminal investigations within the Indian legal
system. This section empowers judicial authorities, specifically First
Class Magistrates or Magistrates of the second class not below the
rank of Sub-Inspector, to issue search warrants. These warrants,
granted under the provisions of Section 93, serve as legal instruments
that authorize law enforcement agencies to conduct searches and
seizures as part of criminal inquiries. The significance of Section 93
lies in its meticulous procedural guidelines, ensuring that such
intrusive actions are carried out with due process and under the
oversight of the judiciary, thereby safeguarding individual rights
while facilitating effective law enforcement. As a cornerstone of
investigative procedure, Section 93 of the CrPC contributes to
maintaining a delicate balance between the imperative to uncover
evidence and the imperative to protect individual liberties in the
pursuit of justice.
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SEARCH WARRANT (SECTION 93)

Under the Code of Criminal Procedure (CrPC) in India, a search

warrant is issued by a magistrate to authorize the search of a specific
place for the purpose of finding and seizing evidence related to a
crime. The process involves an application by a police officer,
supported by an affidavit, explaining the grounds for the search. A
search warrant is a written order issued by a magistrate authorizing a
police officer to search a place for any person, stolen property, or
forged documents. It is a powerful tool that can be used to investigate
and prosecute crimes. However, it is important to note that the power
to issue and execute search warrants is subject to certain safeguards to
protect the privacy of individuals.

Key points regarding search warrants in CrPC include:

Grounds for Issuance: The magistrate must be satisfied that there are
reasonable grounds for believing that evidence connected to an
offense is present at the location to be searched.
Specificity: The warrant should specify the place to be searched and
the items to be seized.
Execution: Warrants are usually executed during the daytime, unless
the magistrate authorizes a nighttime search.
Witnesses: Two independent witnesses are often required to be
present during the search.

It’s important to note that the process may vary based on the nature of
the offense and the specific provisions of the CrPC.
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LEGAL PROVISIONS

The provisions governing search warrants are contained in Chapter X

of the Code of Criminal Procedure, 1973 (CrPC). Section 93 of the
CrPC empowers a magistrate to issue a search warrant if he is
satisfied that there are reasonable grounds to believe that anything
necessary for the purposes of an investigation into an offence may be
found in any place.

SECTION 94

Section 94 of the CrPC specifies the things for which a search may be
made under a search warrant, including:

* Any person accused of or reasonably suspected of having

committed an offence;
* Any stolen property or forged documents;
* Any instrument, article, or thing used or intended to be used in the
commission of an offence;
* Any document or other thing which may furnish evidence in the
investigation or trial of an offence.
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LEGAL BASIS FOR SEARCH WARRANT

The Fourth Amendment to the United States Constitution protects

people from unreasonable searches and seizures. This means that law
enforcement cannot search a person or place without a warrant, unless
there is an exception to the warrant requirement.

One of the exceptions to the warrant requirement is when law

enforcement has probable cause to believe that a crime has been
committed and that evidence of the crime is located in the place to be
searched. Probable cause is more than a mere suspicion, but less than
a certainty. It is a fair probability that the evidence will be found in
the place to be searched.

OBTAINING A SEARCH WARRANT

To obtain a search warrant, law enforcement must submit a sworn

affidavit to a judge or magistrate. The affidavit must state the facts
and circumstances that establish probable cause to believe that a
crime has been committed and that evidence of the crime is located in
the place to be searched.

If the judge or magistrate is satisfied that probable cause exists, they

will issue a search warrant. The search warrant will specify the place
to be searched, the things for which the search may be made, and the
date and time by which the warrant must be executed.
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REMEDIES FOR UNLAWFUL SEARCH

If law enforcement conducts an unlawful search, the person or place

searched may have a number of remedies available to them. One
remedy is to file a motion to suppress the evidence seized during the
search. If the court grants the motion, the evidence will be excluded
from trial.

Another remedy is to file a civil lawsuit against the law enforcement

officers who conducted the unlawful search. The person or place
searched may be able to recover damages for the violation of their
constitutional rights.
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PROCEDURE FOR EXECUTION OF SEARCH

WARRANT

The procedure to execute a search warrant under the Code of Criminal

Procedure, 1973 (CrPC) is as follows:

1.The search warrant must be obtained from a Magistrate, who will

issue it only if there are reasonable grounds to believe that something
necessary for the purposes of an investigation into any offence may be
found in the place to be searched.

2.The search warrant must be in writing and must specify the

following:

* The place to be searched.

* The thing for which the search is to be made.
* The name of the police officer who is to execute the warrant.
* The time within which the warrant is to be executed.

3.The search warrant may be executed at any time of the day or night,
but it is advisable to execute it during the day, unless there are reasons
to believe that evidence may be destroyed or tampered with if the
search is not conducted immediately.

4.When executing a search warrant, the police officer must:

* Show the warrant to the occupier of the place to be searched, if
possible.
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* Search the place in a reasonable manner and with due regard to the
privacy of the occupier.
* Seize any property or article that he reasonably suspects to be stolen
property or objectionable article to which Section 94 of the CrPC
applies.
* Prepare a list of the property or articles seized and give a copy of
the list to the occupier of the place searched.

5.The police officer must also make a report to the Magistrate who
issued the warrant, stating the following:

* The time and place at which the warrant was executed.

* The property or articles seized, if any.
* Whether the occupier of the place to be searched was present at the
time of the search.
* If the occupier was not present, the steps taken to inform him of the
search.
The Magistrate will then consider the report and pass such orders as
he deems necessary.

Here are some additional safety guidelines that should be followed

when executing a search warrant:

* The police officer must identify himself and show the warrant to the
occupier of the place to be searched before entering the premises.
* The police officer must use reasonable force, if necessary, to
overcome resistance, but he must avoid using excessive force or
violence.
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* The police officer must respect the privacy of the occupier and
avoid searching any area that is not covered by the warrant.
* The police officer must not search any person without a valid
warrant.
* The police officer must not seize any property that is not covered by
the warrant.
* The police officer must give a copy of the list of property seized to
the occupier of the place searched.

By following these safety guidelines, the police can ensure that search
warrants are executed in a fair and impartial manner.
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MORE ABOUT HOW SEARCH WARRANT IS

EXECUTED

The execution of a search warrant is a meticulous and legally

regulated process within the framework of criminal investigations.
When a court issues a search warrant, typically under provisions such
as Section 93 of the Code of Criminal Procedure (CrPC), law
enforcement agencies are authorized to carry out a search at a
specified location to gather evidence relevant to a criminal case.
The process begins with law enforcement officials, often guided by
the details outlined in the warrant, arriving at the designated premises.
The warrant specifies the place to be searched and the items to be
seized, ensuring a focused and targeted approach. Before commencing
the search, officers are required to announce their presence and
purpose, providing occupants an opportunity to witness the lawful
execution of the warrant.

Upon entering the premises, law enforcement officers meticulously

conduct the search, focusing on areas and items mentioned in the
warrant. The goal is to locate and seize evidence that may be crucial
to the ongoing criminal investigation. The search is expected to be
conducted with respect for the privacy and rights of the individuals
involved, avoiding unnecessary intrusion beyond the scope defined by
the warrant.

During the execution of the search warrant, officers are expected to

handle seized items with care, ensuring the preservation of evidence
in its original state. Photographs or documentation may be part of the
process to record the condition of the premises and the items seized. It
is imperative for law enforcement to adhere strictly to the terms of the
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warrant, as deviating from its specifics could compromise the legality

of the search.

Throughout the execution, individuals present at the location have the

right to witness the search, and any deviation from the warrant’s terms
may be challenged in court. After the search is completed, an
inventory of the seized items is typically prepared, and a copy of the
inventory is provided to the occupant of the premises.

The execution of a search warrant is a critical step in the criminal

justice process, balancing the need for effective law enforcement with
the protection of individual rights. It underscores the importance of
adherence to legal procedures, ensuring that the evidence gathered is
not only relevant but also admissible in a court of law.
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CASE LAWS
There are a number of important case laws relating to search warrants
in India. Some of the most important cases include:

* State of Bombay v. Manubhai Tribhovandas Patel (1954): The

Supreme Court held that a search warrant must be issued in writing
and must specify the place to be searched, the thing for which the
search is to be made, the name of the police officer who is to execute
the warrant, and the time within which the warrant is to be executed.
* A.K. Gopalan v. State of Madras (1950): The Supreme Court held
that the power to issue a search warrant is not an arbitrary power, but
is subject to judicial control. The magistrate must be satisfied that
there are reasonable grounds to believe that something necessary for
the purposes of an investigation into an offence may be found in the
place to be searched before issuing a warrant.
* R.P. Kapur v. State of Punjab (1960): The Supreme Court held
that a search warrant cannot be used to fish for evidence. The
magistrate must be satisfied that there are specific grounds to believe
that something incriminating will be found in the place to be searched
before issuing a warrant.
* D.K. Basu v. State of West Bengal (1997): The Supreme Court
laid down a number of guidelines to be followed by the police when
executing a search warrant. These guidelines include:
* The police officer must identify himself and show the warrant to
the occupier of the place to be searched before entering the premises.
* The police officer must use reasonable force, if necessary, to
overcome resistance, but he must avoid using excessive force or
violence.
* The police officer must respect the privacy of the occupier and
avoid searching any area that is not covered by the warrant.
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* The police officer must not search any person without a valid
warrant.
* The police officer must not seize any property that is not covered
by the warrant.
* The police officer must give a copy of the list of property seized
to the occupier of the place searched.

*R. v. H.M. (R.) – This case emphasized the importance of strict~

adherence to legal requirements when obtaining and executing search
warrants.
*State of Punjab v. Baldev Singh – The Supreme Court held that a
search warrant cannot be issued solely based on the belief of the
police officer; there must be credible information before a magistrate.

*State of Kerala v. M. M. Manikantan Nair – The court

emphasized that the magistrate should apply judicial mind and form
an independent opinion before issuing a search warrant.
*Satvinder Kaur v. State (Govt. of NCT of Delhi) – This case
highlighted the significance of the presence of independent witnesses
during the search, ensuring fairness and transparency.
*R. M. Malkani v. State of Maharashtra (1973): This case
emphasizes the importance of ensuring that the grounds for a search
warrant are valid and that they are clearly stated in the warrant.
*State of H.P. v. Pirthi Chand (1996): In this case, the Supreme
Court held that a search warrant cannot be issued solely based on the
confession of the accused. There must be independent evidence to
support the issuance of a warrant.
*Zahira Habibullah Sheikh v. State of Gujarat (2004): This case
dealt with the issue of fair investigation and emphasized the need for
impartiality, especially in cases involving serious offenses.
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*P. Rathinam v. Union of India (1994):This case addressed issues

related to the validity of search and seizure under the Customs Act,
highlighting the importance of adherence to legal procedures.
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CONCLUSION

In conclusion, the execution of a search warrant under the Code of

Criminal Procedure (CrPC) is a vital aspect of the legal framework
governing criminal investigations in India. Section 93 of the CrPC
empowers judicial authorities to issue search warrants, providing a
structured and lawful mechanism for law enforcement agencies to
gather evidence. The careful execution of search warrants is a
testament to the commitment to due process, ensuring that searches
are conducted with precision and adherence to the terms specified by
the court. This process not only facilitates the collection of relevant
evidence but also serves to safeguard the constitutional rights and
privacy of individuals. The efficacy of search warrant execution lies
in its ability to strike a balance between the imperative to uncover
truth in criminal matters and the imperative to protect individual
liberties, thereby contributing to a fair and just legal system.
However, the execution of a search warrant represents a pivotal
juncture in the legal landscape of criminal investigations. It is a
carefully regulated process designed to balance the imperative of law
enforcement with the protection of individual rights and privacy. As
law enforcement officials meticulously carry out the search at the
specified location, guided by the terms of the warrant, they play a
crucial role in securing evidence essential to the pursuit of justice. The
procedural safeguards embedded in the issuance and execution of
search warrants serve as a cornerstone in upholding the rule of law,
ensuring that the gathering of evidence is conducted within the
boundaries defined by the judiciary. This process underscores the
delicate equilibrium between the state’s duty to investigate and
prosecute crimes and the fundamental rights of individuals,
emphasizing the importance of transparency, accountability, and
respect for legal procedures in the pursuit of truth and justice.
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BIBLIOGRAPHY

1. Legislative Text:

 The Code of Criminal Procedure (1973) CrPc Bare act

2. Legal Database:

 Manupatra
 SSC
 Database provided from institution‟s library

3. Law journals and articles:

 Search for articles in legal journals such as “Indian

Law Review,” “National Law School of India Review,”
etc.

4. Legal Commentaries:

 Commentaries on the Code of Criminal Procedure by

legal scholars

5. Website:

 Indian kanoon
 ipleaders
 Law Octopus
 Path Legal