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Q81 (CISF/2017) Polity & Governance › Governance, Policies & Social Justice

Consider the following statements :

Search warrant, under Section 93 of the Code of Criminal Procedure 1973, may be issued where

1. the Court has reason to believe that the concerned person will not produce the document or thing as required.

2. such document or thing is known to the Court to be in possession of any person.

3. the Court considers that the purpose of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.

Which of the statements given above is/are correct ?

Explanation

According to Section 93(1) of the Code of Criminal Procedure (CrPC), 1973, a search warrant may be issued by a Court under three specific circumstances:

  • Statement 1 is correct: Per Section 93(1)(a), if the Court has reason to believe that a person to whom a summons or requisition has been (or might be) addressed will not produce the document or thing as required.
  • Statement 2 is incorrect: Per Section 93(1)(b), a warrant may be issued where such document or thing is not known to the Court to be in the possession of any person. The statement incorrectly claims it is issued when the possession is known.
  • Statement 3 is correct: Per Section 93(1)(c), a warrant may be issued if the Court considers that the purposes of any inquiry, trial, or other proceeding will be served by a general search or inspection.

Therefore, only statements 1 and 3 are correct.

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SIMILAR QUESTIONS

CISF · 2024 · Q125 Relevance score: 5.62

Consider the following statements with regard to search under the Code of Criminal Procedure, 1973 :

1. A search warrant remains in force until cancelled by the court issuing it or the same is executed.

2. A search warrant cannot be executed at any place if the place concerned falls outside the jurisdiction of the court issuing it.

3. A search warrant may be issued by the District Magistrate for search of a person who has been confined where such confinement amounts to an offence.

Which of the statements given above is/are correct?

CISF · 2022 · Q102 Relevance score: 4.79

Under which of the following circumstances may a search warrant be issued by a court ?

1. Where such document or thing is not known to the court to be in the possession of any person

2. Where court considers that the purpose of any inquiry or trial or other proceedings under the Code of Criminal Procedure, 1973 will be served by general search

Select the correct answer using the code given below :

CISF · 2024 · Q123 Relevance score: 3.48

With regard to seizure of property under the Code of Criminal Procedure, 1973, consider the following statements :

1. A police officer not below the rank of Sub-Inspector of Police conducting an investigation for identifying unlawfully acquired property can make an order for seizing the property under investigation if he has reason to believe that the property in question may be concealed or transferred in any manner.

2. An order made as above shall have no effect unless the same is confirmed by an order of the court within thirty days of its being made.

Which of the statements given above is/are correct?

CISF · 2024 · Q126 Relevance score: 3.28

Consider the following statements with regard to seizure of property under the Code of Criminal Procedure, 1973 :
1. Any police officer may seize any property which may be suspected to be stolen.
2. Any police officer may seize any property which may be found under circumstances which create suspicion of the commission of any offence.
3. If the value of the property seized is less than one thousand rupees and the person entitled to its possession is absent, the court may direct its sale by auction forthwith.

Which of the statements given above is/are correct?

CISF · 2023 · Q146 Relevance score: 3.21

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 ?