Search And Seizure Under Crpc
🔍 Search and Seizure under the CrPC
1. Section 51 – Search of Person Arrested
Provision: Allows a police officer to search a person who has been arrested to ensure they are not carrying any offensive or dangerous items.
Case Law: In K. Chinnaswamy Reddy v. State of Andhra Pradesh (1962), the Supreme Court emphasized that a search under Section 51 must be conducted in a manner that respects the dignity of the individual and adheres to legal procedures.
2. Section 102 – Power to Seize Property
Provision: Empowers a police officer to seize any property that may be stolen or unlawfully possessed.
Case Law: In Shento Varghese v. Julfikar Husen (2024), the Supreme Court held that non-reporting of a seizure to the jurisdictional magistrate forthwith does not vitiate the seizure order, provided the police officer acts in good faith and there is no deliberate negligence.
3. Section 165 – Search by Police Officer
Provision: Allows a police officer to conduct a search without a warrant if they have reasonable grounds to believe that a search warrant cannot be obtained without defeating the purpose of the search.
Case Law: In State of Punjab v. Balbir Singh (1994), the Supreme Court ruled that a search under Section 165 must be conducted with due regard to the rights of the individual, and any evidence obtained through an illegal search is inadmissible in court.
4. Section 100 – Procedure to be Followed by Police Officer
Provision: Outlines the procedure a police officer must follow during a search, including the necessity of a search warrant and the presence of independent witnesses.
Case Law: In State of Maharashtra v. Natwarlal Damodardas Soni (1980), the Supreme Court emphasized that failure to comply with the procedural requirements of Section 100 can render the search illegal and any evidence obtained inadmissible.
5. Section 103 – Search of Place Entered by Person Sought to be Arrested
Provision: Allows a police officer to search a place where they believe a person to be hiding, provided they have reasonable grounds to do so.
Case Law: In R. v. Collins (1987), the UK Supreme Court held that a search without proper authorization or reasonable grounds is a violation of constitutional rights and any evidence obtained is inadmissible.
⚖️ Key Principles
Judicial Oversight: Sections 100 and 165 CrPC emphasize the need for judicial oversight in searches to prevent abuse of power.
Protection of Rights: The CrPC provides safeguards to protect individuals' rights during searches and seizures, ensuring that such actions are conducted lawfully and respectfully.
Admissibility of Evidence: Evidence obtained through illegal searches or seizures is generally inadmissible in court, as highlighted in the cases above.
📝 Conclusion
Understanding the provisions related to search and seizure under the CrPC is crucial for both law enforcement and the public. Adherence to legal procedures ensures that justice is served while protecting individual rights. The case laws discussed above illustrate the application of these provisions and the importance of lawful conduct in criminal investigations.
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