When searchwarrant may be issued
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Summary
If the Court believes a summoned or requisitioned person will not produce a required document or thing, or that no one is known to possess it, or that a general search would aid the inquiry or trial, it may issue a search warrant authorising search or inspection. A warrant to search items in the custody of the postal authority can be granted only by a District Magistrate or Chief Judicial Magistrate.
Example
Priya asks the Court to obtain her landlord’s rent receipts, but the landlord refuses to hand them over and the Court cannot locate some invoices. The Court may issue a search warrant so an officer can search the landlord’s premises and inspect or seize the receipts. If the papers are with the postal authority, only a District Magistrate or Chief Judicial Magistrate can authorise a warrant to search them.
Bare Act
Enacted text(1) Where-
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(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or
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(b) such document or thing is not known to the Court to be in the possession of any person; or
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(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.
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