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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 ?
Explanation
Under Section 93(3) of the Code of Criminal Procedure (CrPC), 1973 (and similarly under Section 96(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023), only a District Magistrate or a Chief Judicial Magistrate is authorized to issue a warrant to search for a document, parcel, or other thing in the custody of the postal or telegraph authority.
While other magistrates (such as Sub-divisional Magistrates or Judicial Magistrates of the first class) may, under Section 92(2), require the postal authority to detain a document pending an order, they lack the legal authority to grant a search warrant for it. This restriction ensures that the privacy of communications handled by these authorities is only breached under the oversight of senior-level judicial or executive magistrates.
SIMILAR QUESTIONS
Which one among the following statements is not correct?
The Bharatiya Nagarik Suraksha Sanhita, 2023 provides for : 1. Audio-Video recording of search of a place and seizure of a property 2. Issuance of a search warrant by a Court authorizing any Magistrate to search a parcel in the custody of the postal authority Select the answer using the code given below :
Who amongst the following can issue a warrant to search the place suspected to contain stolen property, forged document, etc. ?
1. District Magistrate
2. Sub-Divisional Magistrate
3. Magistrate of the First Class
Select the correct answer using the code given below :
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 :