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Latest Processes To Compel The Production Of Things MCQ Objective Questions

Top Processes To Compel The Production Of Things MCQ Objective Questions

Processes To Compel The Production Of Things Question 1:

Which of the following Section deals with search warrant 

  1. 93
  2. 94
  3. 95
  4. 96

Answer (Detailed Solution Below)

Option 1 : 93

Processes To Compel The Production Of Things Question 1 Detailed Solution

The correct answer is Option 1.

Key Points In the investigation process, “search” means looking into an individual or their property to find evidence, while “seizure” means taking possession of that property once the search is done. 

Section 93 in The Code Of Criminal Procedure, 1973
When search warrant may be issued.

(1) (a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub- section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or
(b) where such document or thing is not known to the Court to be the possession of any person, or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search- warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

Additional Information Section 93 provides for two kinds of searches, viz. particulars and general. When the court is unaware not only of the person but even the place where the documents may be find, a 'general' search is necessary. 

This Section contemplates the production of some specified thing/object which may be deemed essential to the conduct of any inquiry, and to the conviction of the accused person, viz. a bloody knife, a forged document, a piece of stolen property, etc. The court has discretion to issue a search-warrant, however, the Magistrate must apply his mind and give reasons. Mere suspicion is no ground by itself for the issue of a search-warrant. Further, there cannot be a general fishing inquiry.Section 93 has no application in non-criminal matters.

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