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Which of the following acts cannot be authorised to be carried out by any police officer above the rank of a Constable through a warrant by a District Magistrate, Sub-Divisional Magistrate or a Magistrate of the first class, who upon being informed, and after such inquiry as he thinks necessary, has reasons to believe that any place is used for deposit or sale of any objectionable article, or that any such objectionable article is deposited in any place ?
Explanation
Under Section 94 of the Code of Criminal Procedure (CrPC), 1973 (and Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023), a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the First Class can issue a warrant to search a place suspected of containing stolen property or objectionable articles. According to Section 94(1)(b), the warrant authorizes the police officer "to search the same in the manner specified in the warrant". It does not allow the Magistrate to grant a blanket authorization for the officer to search "in any manner as deemed fit". The search must be conducted according to the specific directions laid down by the Magistrate to ensure legal oversight and prevent abuse of power. Options A, C, and D are explicitly permitted under Sections 94(1)(a), 94(1)(d), and 94(1)(c) respectively.
SIMILAR QUESTIONS
A District Magistrate may by warrant authorize a police officer above the rank of a constable to take possession of an objectionable article deposited in any place. These articles include
1. forged documents
2. false seals
3. obscene objects
Select the correct answer using the code given below.
A Magistrate of first class may, under Section 94 of the Code of Criminal Procedure, 1973, by warrant authorize any police officer above the rank of a Constable to search a place suspected to contain stolen property, forged documents, etc. Which of the following objectionable articles are not covered under this Section ?
Who among the following officers is not authorized to dispense an unlawful assembly by the use of civil force?
Which one of the following statements is correct?
Who among the following is authorized to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority ?