When search-warrant may be issued
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Summary
When a Court believes a summoned person will not produce a required document, or the document’s custodian is unknown, or a general inspection would assist an inquiry or trial, it may issue a search-warrant. The warrant authorizes the person named to search or inspect and the Court may limit the specific place to be searched. Only a District Magistrate or Chief Judicial Magistrate can authorize a warrant to search items in the custody of the postal or telegraph authority.
Example
Priya says her landlord holds signed rent receipts and will not hand them over. The court finds he will not obey a summons and issues a search-warrant enabling officers to inspect his house and recover the receipts. If the same papers were in the post office, only the District Magistrate or Chief Judicial Magistrate could authorize a warrant to search there.
Bare Act
Enacted text(1) The court,-
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(a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under Sub-Section (1) of section 92 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) where such document or thing is not known to the Court to be in the possession of any person, or
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(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code 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 or telegraph authority.
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