Beruflich Dokumente
Kultur Dokumente
The law regarding processes to compel the production of documents and other
movable property is laid down in Sections 91 to 94 of the Code of Criminal
Procedure. Such processes are of two kinds, viz., a summons and a search
warrant.
Whenever any court or any officer in charge of a police station considers that any
document or other thing is necessary or desirable for the purposes of any
investigation, inquiry, trial or other proceeding under the Code, such court or officer
may issue a summons or a written order to the person in whose possession or power
it is believed to be requiring him to attend and produce it, or to produce it at the time
and place stated in the summons or order. (Section 91).
If the document or thing is in the custody of a postal or telegraph authority, a District
Magistrate, Chief Judicial Magistrate, the High Court or Court of Sessions may
require the postal or telegraph authority to deliver such document, parcel or thing to
such person as such Magistrate or court directs. (Section 92)
Any person required merely to produce a document or other thing shall deemed to have complied
with the requisition. If he causes such document or thing to produce instead of attending personally
to produce the same.
1. to affect, sections 123 and 124 of the Indian Evidence Act, 187 and the Bankers, Books Evidence
Act, 1891
2. to apply to a letter, postcard, telegram or other document in the custody of the postal or
telegraph authority.
5. any Court has reason to believe that a person to whom a summons or order given will not or
would not produce the documents or things as required by such summons, or
6. where such document or things in the possession of any person and also not known to the Court,
or
7. where the Court considers that general search and inspection required for purposes of any
inquiry, trial or other proceeding under this Code,
The search warrant directed to a person. He may search or inspect in accordance therewith and the
provisions hereinafter contained.
The Court should specify in the warrant the particular place and till what part search and also
inspection extends. The person charged with the execution of such warrant, then search or inspect
as specified.
Any Magistrate other than a District Magistrate or Chief Judicial Magistrate authorized to grant a
warrant to search for document.
Search-warrant should issued on application in Form No. 10 in Schedule II of the Code. The
Magistrate may amend the warrant dispensing with the production of the articles before him.
Be in wirting
Contain all the matters that the law requires it to stated therein.
8. District Magistrate,
9. Sub-divisional Magistrate or
10. Magistrate of the first class,
upon information received and also after such inquiry has reason to believe that any place used :
The Magistrate may by warrant authorize any police officer above the rank of a constable to :
30. “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act,
1867 (25 of 1867);
31. “document” includes any painting, drawing or photograph, or also other visible representation.
Order passed or action taken shall not called in question in any Court. Except in accordance with the
provisions of section 96.
2. Every such application shall heard and determined by a Special Bench of the High Court. Where
the High court consist of three or more judges, special bench composed of three judges. Where the
High court consist of less than three judges, special bench shall also composed of all the Judges of
that High Court.
3. On the hearing of any such application with reference to any newspaper, any copy of such
newspaper may given in evidence in aid of the proof of the nature or tendency of the words, signs or
visible representations contained in such newspaper, in respect of which the declaration of
forfeiture was made.
4. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other
document, in respect of which the application has been made, contained any such matter as is
referred to in Sub-Section (1) of section 95, set aside the declaration of forfeiture.
5. Where there is a difference of opinion among the Judges forming the Special Bench, the decision
shall be in accordance with the opinion of the majority of those Judges.
2. If access to such place cannot obtained. Then the officer or other person executing the warrant
may proceed as specified by Sub-Section (2) of section 47.
3. Where any person in or about such place reasonably suspected of hiding about any article for
which search made. Such person may searched. If such person is a woman, the search shall made by
another woman with strict regard to decency.
4. Before searching, the officer or other person about to make it shall call upon two or more
independent and respectable inhabitants of the locality. Such inhabitants shall from the locality in
which the place to be searched is situated. If no such inhabitant of the said locality available or
willing to become a witness to the search, to attend and witness the search, may call any other
person from different locality. The officer may also issue an order in writing to them or any of them
so to do.
5. The search shall carried out in the presence of the inhabitants or witness. A list of all things seized
in the course of such search. Also a list of the places in which they respectively found. It shall
prepared by such officer or other person. It shall also signed by such witnesses. But no person
witnessing a search, required to attend the Court as a witness of the search unless specially
summoned by it.
6. The occupant of the place searched, or some person in his behalf shall permitted to attend during
the search. Also a copy of list so prepared under this section, delivered to such occupant or person.
7. When any person searched under Sub-Section (3), a list of all things taken possession of shall
prepared. Also a copy thereof shall delivered to such person.
8. . Any person who, without reasonable cause, refuses or neglects to attend and witness a search
under this section, when called upon to do so by an order in writing delivered or tendered to him,
shall be deemed to have committed an offence under section 187 of the Indian Penal Code.
Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report
the seizure to that officer.
Every police officer acting shall forthwith report the seizure to the Magistrate having jurisdiction and
where the property seized is such that it cannot be, conveniently transported to the Court or where
there is difficulty in securing proper accommodation for the custody of such property, or where the
continued retention of the property in police custody may not be considered necessary for the
purpose of investigation.
He may give custody thereof to any person on his executing a bond undertaking to produce the
property before the Court as and when required and to give effect to the further orders of the Court
as to the disposal of the same.
Provided that where the property seized is subject to speedy and natural decay and if the person
entitled to the possession of such property is unknown or absent and the value of such property is
less than five hundred rupees, it may forthwith be sold by auction under the orders of the
Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be
practicable, apply to the net proceeds of such sale.