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?
1 only
2 only
2 and 3
1 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2024
– Statement 2: While a search warrant is usually issued by a Magistrate having jurisdiction over the place to be searched, CrPC contains provisions for execution of search warrants outside the local limits of the issuing court’s jurisdiction. For example, Section 101 allows a Magistrate issuing a search warrant for execution outside his local jurisdiction to forward it to a Magistrate or police officer within whose jurisdiction the place is located, for execution or endorsement. Specific sections like 95 (objectionable publications) and 98 (persons wrongfully confined) also allow warrants to be executed anywhere in India, with appropriate procedures for transmission/execution. Therefore, statement 2 is incorrect.
– Statement 3: Section 97 of CrPC allows a search warrant to be issued for a person confined under circumstances amounting to an offence. This power is given to Magistrates of the first class or Sub-divisional Magistrates. Additionally, Section 98 empowers a District Magistrate or Chief Judicial Magistrate to issue a search warrant for a woman or female minor suspected to be kidnapped or abducted, which is a specific type of wrongful confinement amounting to an offence. Therefore, a District Magistrate *can* issue a search warrant for search of a person confined where such confinement amounts to an offence, specifically under Section 98.