Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 96: When search warrant may be issued
(1) (a) Where 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
(b) where such document or thing is not known to the Court to be in the possession of any person; or
(c) where 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 or telegraph authority.
Brief Detail
Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the conditions under which a search warrant may be issued by a court. It outlines scenarios where a court may believe that a summoned person will not comply, where the location of a document is unknown, or when a general search may serve the purposes of an inquiry or trial. The section also specifies limitations on which magistrates can grant search warrants for items held by postal or telegraph authorities.
Question & Answers
What does Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
It addresses the issuance of search warrants by courts under specific circumstances.
Under what conditions can a search warrant be issued?
A search warrant can be issued if a summoned person is unlikely to comply, if the item is unknown to be in possession, or if a general search is deemed necessary.
Can the court specify where the search will take place?
Yes, the court may specify particular places in the warrant for the search or inspection.
Who is authorized to grant search warrants for postal or telegraph items?
Only a District Magistrate or Chief Judicial Magistrate can grant such warrants.
What happens if a person does not produce the required document?
If the court believes the person will not produce the document, it may issue a search warrant to locate it.
Example
- A court believes that an individual who received a summons under section 94 will not produce the required evidence.
- The court issues a search warrant to allow law enforcement to search the individual's premises for the document.
- The warrant specifies that the search should only take place in the individual's home.
Summary
Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sets forth the conditions and procedures for issuing search warrants in legal proceedings. It outlines the circumstances under which a court may deem a search necessary and specifies the authority of magistrates in relation to search warrants, particularly concerning items in the custody of postal or telegraph authorities.
