Section 103 CrPC: Magistrate’s Power to Direct Search in His Presence

1. State the Code

Section 103 of the Code of Criminal Procedure, 1973 (CrPC) deals with the Magistrate’s power to direct a search in his presence.

2. Explain it

This section empowers a Magistrate to personally direct a search of any place, person, or thing when he has reason to believe that:

• Any person has committed or is about to commit a cognizable offence.
• Any thing is concealed or kept which may be evidence of the commission of an offence.
• The discovery of any thing is necessary for the purpose of any investigation.

The Magistrate may authorize any police officer or other person to conduct the search under his supervision.

3. Illustrate it

Imagine a situation where a Magistrate receives information that a house is being used as a hideout for stolen goods. The Magistrate, based on this information, may personally visit the house and direct a search of the premises under Section 103 CrPC. He can authorize a police officer to conduct the search under his supervision.

4. Common Questions and Answers

Q: Can a Magistrate order a search without any reason to believe?

A: No, Section 103 CrPC requires the Magistrate to have a reasonable belief before directing a search.

Q: Can the search be conducted without the presence of the Magistrate?

A: No, the Magistrate must be present during the search.

Q: What happens if the Magistrate refuses to order a search even when there is a reasonable belief?

A: In such cases, the Magistrate can be challenged in a higher court.