Disposal of things found in search beyond jurisdiction
AI Assist
Summary
When a search under a warrant is carried out outside the issuing Court's local jurisdiction and the sought items are found, those items and a prepared list must be immediately produced before the Court that issued the warrant. If the place searched is nearer to the Magistrate having local jurisdiction there, the items and list must instead be taken before that Magistrate. That Magistrate, unless there is good cause not to, should order them sent to the issuing Court.
Example
Priya is a shop owner and police, executing a search-warrant issued by the City Court, search a warehouse in a neighbouring town outside that Court's local area. They find several stolen phones and prepare a list. Because the warehouse is nearer to the local Magistrate, the phones and the list are taken before that Magistrate, who then authorises sending them to the issuing Court.
Bare Act
Enacted textWhen, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.
Previous year papers
Pick your exam. we'll email the most recent paper.