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Which one among the following statements is not correct?
Explanation
Under Section 93(3) of the Code of Criminal Procedure (CrPC), 1973 (and Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023), no Magistrate other than a District Magistrate or a Chief Judicial Magistrate is authorized to grant a warrant to search for a document, parcel, or other thing in the custody of the postal or telegraph authority. Other Magistrates can only require the authority to detain such items pending an order from the DM or CJM (Section 92). Thus, statement A is incorrect as it generalizes the power to any Magistrate.
Statements B, C, and D are correct as per Section 93(1) of the CrPC, which allows the issuance of a search warrant if the court believes a person will not comply with a summons, if the possessor of a document is unknown, or if a general search is necessary for an investigation or trial.
SIMILAR QUESTIONS
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 ?
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 :
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 :
Which of the following statements is not correct?
According to the Central Industrial Security Force Rules