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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?
Explanation
The statements are based on the provisions of the Code of Criminal Procedure (CrPC), 1973:
- Statement 1 is correct: According to Section 70(2) of the CrPC, every warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. Section 99 makes this provision applicable to search warrants issued under sections 93, 94, 95, and 97.
- Statement 2 is incorrect: Section 77 (applicable to search warrants via Section 99) states that a warrant may be executed at any place in India. Sections 78 and 79 specifically outline the procedure for executing warrants outside the local jurisdiction of the issuing court.
- Statement 3 is correct: Under Section 97, a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class may issue a search warrant if they have reason to believe a person is confined under circumstances amounting to an offence.
SIMILAR QUESTIONS
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 :
Every warrant of arrest issued by a court under the Code of Criminal Procedure, 1973 shall remain in force