Code:
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable–
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are–
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
Explain It:
This section empowers a police officer, not below the rank of Sub-Inspector, to search any place where he has reason to believe that stolen property or forged documents are concealed. This search can be conducted with or without a warrant depending on the circumstances.
- Without Warrant: The officer can search without a warrant if he has reason to believe that the delay in obtaining a warrant would defeat the purpose of the search.
- With Warrant: A warrant is required if the officer believes that the delay in obtaining a warrant would not defeat the purpose of the search. This warrant is issued by a Magistrate.
The officer must record the reasons for the search and the property seized in a written form. The property seized is then presented before the Magistrate.
Illustrate It:
Imagine a police officer receives information that stolen jewelry is being hidden in a particular house. The officer can, under Section 94, search the house without a warrant, as obtaining a warrant could take time and the suspect might dispose of the jewelry. If the officer doesn’t have immediate reason to believe the jewelry is being hidden, he can apply to a Magistrate for a warrant to search the house.
Common Questions and Answers:
Q: Who can conduct a search under Section 94?
A: A police officer not below the rank of Sub-Inspector can conduct a search under this section.
Q: When is a warrant required for a search?
A: A warrant is required if the delay in obtaining a warrant would not defeat the purpose of the search.
Q: What happens to the property seized during the search?
A: The property seized is presented before the Magistrate.
