Search And Seizure as a part of Investigation by Arya Kudchadker at LexCliq

Search And seizure as a part of Investigation

During the course of investigation into the Commission of an offence the police search the spot where the offence has been committed in order to discover any clues. In case any incriminating substances found the police should seize the same. Any article recovered has to be sealed end packed with the details of the case written on it and the signatures of the witnesses this search are obtained on these in order to be later used as evidence in the trial. Searches can be conducted in the investigation without a warrant or authority of the court under section 165 of CR PC when the reasonable grounds exist for believing that anything necessary for the purpose of investigation may be found in any place within this jurisdiction of the police station full stop the police officer should record the grounds of his or her belief and Specify the things for which search is to be made. The police officer can also search any person or place after obtaining a search warrant under section 100 of the script.

The method of conducting a searches

When the place to be searched or inspected is closed the owner or occupier of such place shall on demand of the police officer conducting the search or executing the warrant end on production of the warrant allow him free ingress into Anna Ford all reasonable facilities for search.

When the owner or occupier refuses in grace then the police officer has the right to enter the premise by breaking into the same after giving notification office authority and purposeful stop in case the place is occupied by upper Donna Sheen woman she should give we reasonable facility for withdrawing provided she is not liable to be arrested for the set of hands.

When any person is or about such place is reasonably suspected of concealing on his or her person any article for which search should be made such person may be searched. In case of a woman the search shall be made by another woman with strict regard to decency.

Before making a search the officer shall call upon two or more independent and respectable inhabitants called panchayat who should be local or off any other locality if local punch are not available or willing to be a witness to the search to attend and witness this search and may show an order in writing to them or any of them trousseau

This search shall be made in the presence of the punch asthana list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witnesses in this document is known as the punchnama.

The occupant of the place searched or some person in his behalf shall be permitted to be present during the search and a copy of the punchnama shall be delivered to such occupant or person.

When any person is searched a list of all things taken possession of shall be prepared in a copy of the punchnama shall be delivered to such person.



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