Which one among the following statements is not correct?

Which one among the following statements is not correct?

A Magistrate may issue a warrant to search a document or parcel in the custody of Postal or Telegraph authority.

A search warrant may be issued when it is not known to the court that a particular document or thing necessary for the purpose of any investigation or trial is in the possession of any person.

A search warrant may be issued when the court has reason to believe that the person who has been issued summons to produce a document necessary for any investigation or trial will not produce the same.

A search warrant may be issued for general search of a particular place.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2024

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The correct answer is A because under Section 92 of CrPC, a Magistrate requires the postal or telegraph authority to *deliver* a document or parcel, rather than issuing a search warrant to search their custody.

– Statement A: Section 92 of CrPC deals with obtaining documents or parcels from Postal or Telegraph authorities. It empowers specified courts (High Court, Court of Session) or Magistrates (District Magistrate, Chief Judicial Magistrate, etc.) to *require* the Postal or Telegraph authority to deliver the document, parcel, or thing. This is done via requisition, not typically through a search warrant directed at the authority’s premises. Therefore, stating that a Magistrate may issue a *warrant to search* is incorrect as per Section 92.
– Statement B: Section 93(1)(c) of CrPC allows a search warrant when the Court considers a general search necessary, which includes situations where the Court does not know who possesses the required document or thing (Explanation to Section 93).
– Statement C: Section 93(1)(a) of CrPC allows a search warrant if the Court believes that a person who has been issued a summons or order to produce a document/thing will not produce it.
– Statement D: Section 93(1)(c) allows the Court to issue a search warrant for a “general search or inspection” of a place.

Section 91 and 92 of CrPC provide mechanisms for securing documents and things through summons/order (to persons) or requisition (to Postal/Telegraph authorities). Section 93 provides for search warrants as an alternative method when summons/order/requisition is unlikely to be effective, when the location of the item is unknown, or when a general search is necessary. Statement A incorrectly describes the process under Section 92 as a search warrant.

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