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Under which Section of the Criminal Procedure Code, 1973, may a Magistrate direct search in his presence ?
Explanation
Under Section 103 of the Criminal Procedure Code (CrPC), 1973, any Magistrate may direct a search to be made in his presence of any place for which he is competent to issue a search warrant. This provision allows for direct judicial supervision of a search operation.
- Section 102: Deals with the power of a police officer to seize certain property (e.g., property alleged or suspected to have been stolen).
- Section 104: Provides the power to a Court to impound any document or thing produced before it.
- Section 105: Relates to reciprocal arrangements regarding service of summons, warrants, and judicial processes between India and other countries.
Note: The CrPC, 1973 has been replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, effective from July 1, 2024, where this provision is contained in Section 106.
SIMILAR QUESTIONS
Where the property seized under Section 102 of the Code of Criminal Procedure, 1973 is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent, the property may forthwith be sold by auction under the orders of the Superintendent of Police, if the value of such property is :
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 :