Consider the following statements : Search warrant, under Section 93 o

Consider the following statements :
Search warrant, under Section 93 of the Code of Criminal Procedure 1973, may be issued where

  • 1. the Court has reason to believe that the concerned person will not produce the document or thing as required.
  • 2. such document or thing is known to the Court to be in possession of any person.
  • 3. the Court considers that the purpose of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection.

Which of the statements given above is/are correct ?

1 and 2 only
3 only
1 and 3 only
1, 2 and 3
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The correct answer is C) 1 and 3 only.
Section 93(1) of the Code of Criminal Procedure, 1973 lists the circumstances under which a search warrant may be issued. These include:
1. If the court has reason to believe that a person will not produce a document or thing required by a summons or requisition (Statement 1).
2. If such document or thing is not known to the court to be in the possession of any person (which contradicts Statement 2).
3. If the court considers that a general search or inspection is necessary for the purpose of any inquiry, trial, or other proceeding (Statement 3).
Statement 2 is incorrect because Section 93(1)(b) applies when the location of the document or thing is unknown or not known to be in the possession of any specific person, making a summons under Section 91 or 92 ineffective. The power to issue a search warrant is a significant one and is exercised when production through summons/requisition is unlikely or impossible, or when a general search is deemed necessary for the investigation/proceeding.