This topic aims to examine all facets related to the search, seizure, and production of materials in the backdrop of the provisions regarding evidence and its application under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS).
The discussion covers the conditions for issuing a search warrant, its interpretation, the process of seizure, and the power to impound. The primary focus is on understanding the sections of the BNSS that detail the required legal procedures. These general provisions for search and seizure must be followed alongside any specific orders or statutes that are applicable.
It goes without saying that search and seizure procedures are vital for any effective investigation. Chapter VII, of BNSS in Sections 94-103 lays down the guidelines w.r.t. issuance of summons and warrants, the mode and manner in which they are to be served and executed for the purpose of search and seizure.
Before we proceed further, it may be helpful to understand that in the context of the present discussion, a summons is an official order from a criminal court requiring an individual to appear at a specified date & time before it.
Whereas Warrant is a written order issued by a criminal court to a police officer to arrest and produce an offender or to search his premises for a particular thing.
A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant.
The police can carry out search and seizure in two main ways: with a legal warrant or without one.
- With a Warrant: This involves obtaining a warrant issued under Sections 96, 97, 98, and 99 of the BNSS. These sections outline the circumstances and procedures for obtaining and executing search warrants.
- Without a Warrant: In certain situations, the police are authorized to conduct searches and seizures without a warrant under Sections 108, 185 and 186. These provisions allow for immediate action when a warrant cannot be obtained in time particularly when the police needs to perform searches in multiple locations, including the crime scene, places where suspects might be hiding, and locations where evidence related to the crime might be stored or concealed.
General rules for search and seizure are detailed in Section 103 of BNSS. These rules apply broadly to cases under the Bharatiya Nyaya Sanhita(BNS) and other laws, though there may be slight variations. Consequently, investigators should adhere to the procedures set out in Sections 108 and 185 of BNSS for all search and seizure operations.
It's important to note that some special laws, such as the Narcotic Drugs and Psychotropic Substances Act, 1985, have their own distinct procedures for search and seizure that has to be followed.
Legal Basis for Search and Seizure:
Under Section 96 of BNSS, a court may issue a search warrant to search for any document, electronic record, or other thing that is relevant for the purposes of any investigation, inquiry, trial, or other proceeding under the BNSS. Section 185 of the BNSS empowers a police officer to conduct a search without a warrant if he has reason to believe that such search is necessary for the purposes of an investigation. Section 105 of (BNSS) mandates the recording of search and seizure operations through audio-visual electronic means. Interestingly, it recommends using mobile phones for this purpose. This requirement aims to enhance transparency, accountability, and the protection of individual rights during law enforcement activities. By documenting these procedures, the provision facilitates the review and verification of police actions, thereby building public trust and offering critical evidence in legal proceedings. Compliance with this requirement is essential for maintaining the integrity and effectiveness of law enforcement operations.
Any police officer is authorized to seize property that is suspected to be stolen or involved in a crime. If the officer is not in charge of the case, he/she must report the seizure to the officer in charge and notify the local court. If the property cannot be easily moved or stored, the officer may entrust it to someone who agrees to produce it in court when required.
If a police officer believes that property is connected to a crime, he/she can request the court to attach the property. The individual holding the property will be given a notice and has fourteen days to respond. If there is no response, the court may proceed with the attachment of the property without further notice. In summary, the authority to conduct searches and seizures is essential for maintaining law and order, but it is inherently subjective and must be governed by strict procedural guidelines. Officers with this authority are required to follow clear protocols to ensure their actions are not arbitrary. Law enforcement must comply with established rules. Although police officers have the power to investigate, make arrests, conduct searches, seize property, and use necessary force, they must operate within the legal boundaries. Violating these limits can jeopardize the admissibility of evidence collected for prosecution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
