The law related to search warrant under Chapter VIII A of the CrPC

A search warrant is a legal document that authorizes a police officer or any other person to search a specified place for evidence of a crime and seize any property or thing that is relevant to the investigation. A search warrant is issued by a magistrate or a court under certain conditions and by the provisions of Chapter VIII A of the Code of Criminal Procedure, 1973 (CrPC).

Chapter VIII A of the CrPC deals with the special provisions relating to offences affecting the socio-economic condition of the country. These offences include counterfeiting currency, smuggling, hoarding, black-marketing, adulteration of food and drugs, dowry, etc. The chapter empowers the central government to declare any area as a “notified area” where such offences are prevalent and appoint special judges to try such offences. The chapter also provides for certain special powers of investigation and search about such offences.

Section 105A of the CrPC defines a notified area as any area declared by the central government by notification in the Official Gazette to be a notified area for the purposes of this chapter. Section 105B of the CrPC empowers the central government to appoint one or more persons as special judges to try such offences in a notified area. Section 105C of the CrPC lays down the procedure and powers of special judges.

Section 105D of the CrPC confers special powers of investigation on certain officers not below the rank of sub-inspector about any offence punishable under Chapter VIII A. Such officers may arrest without warrant any person who has committed or is reasonably suspected of having committed such offence. They may also enter and search without warrant any premises, vehicle or vessel where they have reason to believe that any property or document relating to such offence is kept or concealed.

Section 105E of the CrPC authorizes any officer not below the rank of sub-inspector to issue a search warrant for any premises, vehicle or vessel about any offence punishable under Chapter VIII A. Such a search warrant may be issued by such an officer after recording his reasons in writing and obtaining prior approval from an officer, not below the rank of superintendent of police.

Section 105F of the CrPC prescribes the procedure for executing a search warrant issued under section 105E. The officer executing the search warrant shall, as far as possible, conduct the search in the presence of two respectable inhabitants of the locality. He shall also prepare a list of all things seized during the search and obtain signatures of such witnesses on the list. He shall also deliver a copy of the list to the occupant or owner of the premises, vehicle or vessel searched.

Section 105G of the CrPC provides for the disposal of property seized during a search. The officer who seizes any property or document during the search shall report it to the special judge within 24 hours. The special judge may order for retention, sale, release or disposal of such property or document as he deems fit.

Section 105H of the CrPC lays down certain safeguards for persons arrested or searched under this chapter. Such persons have the right to consult a legal practitioner of their choice and to be produced before a magistrate within 24 hours. They also have the right to be informed of the grounds for their arrest or search and to be treated with dignity and respect.

Section 105I of the CrPC empowers the central government to make rules for carrying out the purposes of this chapter. Such rules may provide for matters such as classification of offences, manner and form of declaration of notified areas, qualifications and appointment of special judges, etc.

The purpose of Chapter VIII A of the CrPC is to ensure speedy and effective investigation and trial of offences affecting the socio-economic condition of the country. The chapter grants special powers to certain officers to issue and execute search warrants without following the usual procedure under Chapter VII of the CrPC. However, these powers are subject to certain checks and balances such as prior approval, recording reasons, obtaining witnesses, reporting to a special judge, etc. The chapter also protects the rights and interests of persons arrested or searched under this chapter by providing them legal assistance, production before a magistrate, information about grounds, etc.

Latest judgments on the law related to search warrant under Chapter VIII A of the CrPC:

A judgment by the Supreme Court of India dated 28 July 2021, in which the court upheld the order of the Chief Judicial Magistrate rejecting the application of the Public Prosecutor to withdraw the prosecution of six MLAs who had damaged the furniture and articles in the Kerala Legislative Assembly during a budget session in 2015. The court held that the MLAs did not enjoy any immunity or privilege to commit acts of public destruction and that the Speaker’s sanction was not required for prosecuting them. The court also ruled that the video recording of the incident was admissible as evidence and that the CrPC was applicable for the investigation and trial of offences under Chapter VIII A of the Act.

Another judgment by the Supreme Court of India dated 28 August 2020, in which the court examined the interplay between the provisions of the CrPC and the Drugs and Cosmetics Act, of 1940. The court held that in respect of offences falling under Chapter IV of the Act, a FIR can be registered under Section 154 of the CrPC and the case can be investigated by a police officer or an Inspector under the Act. The court also held that an Inspector under the Act can arrest a person in connection with an offence under Chapter IV of the Act without a warrant.

Frequently asked questions and answers on the law related to search warrant under Chapter VIII A of the CrPC:

Q: What is Chapter VIII A of the CrPC and why is it important?

A: Chapter VIII A of the CrPC deals with the special provisions relating to offences affecting the socio-economic condition of the country. These offences include counterfeiting currency, smuggling, hoarding, black-marketing, adulteration of food and drugs, dowry, etc. The chapter empowers the central government to declare any area as a “notified area” where such offences are prevalent and appoint special judges to try such offences. The chapter also provides for certain special powers of investigation and search about such offences. The purpose of this chapter is to ensure speedy and effective investigation and trial of such offences and to prevent their adverse impact on society.

Q: What are the special powers of investigation and search under Chapter VIII A of the CrPC?

A: Section 105D of the CrPC confers special powers of investigation on certain officers not below the rank of sub-inspector about any offence punishable under Chapter VIII A. Such officers may arrest without warrant any person who has committed or is reasonably suspected of having committed such offence. They may also enter and search without warrant any premises, vehicle or vessel where they have reason to believe that any property or document relating to such offence is kept or concealed.

Q: What is the procedure for issuing a search warrant under Chapter VIII A of the CrPC?

A: Section 105E of the CrPC authorizes any officer not below the rank of sub-inspector to issue a search warrant for any premises, vehicle or vessel about any offence punishable under Chapter VIII A. Such a search warrant may be issued by such an officer after recording his reasons in writing and obtaining prior approval from an officer, not below the rank of superintendent of police.

Q: What is the procedure for executing a search warrant under Chapter VIII A of the CrPC?

A: Section 105F of the CrPC prescribes the procedure for executing a search warrant issued under section 105E. The officer executing the search warrant shall, as far as possible, conduct the search in the presence of two respectable inhabitants of the locality. He shall also prepare a list of all things seized during the search and obtain signatures of such witnesses on the list. He shall also deliver a copy of the list to the occupant or owner of the premises, vehicle or vessel searched.

Q: What are the safeguards for persons arrested or searched under Chapter VIII A of the CrPC?

A: Section 105H of the CrPC lays down certain safeguards for persons arrested or searched under this chapter. Such persons have the right to consult a legal practitioner of their choice and to be produced before a magistrate within 24 hours. They also have the right to be informed of the grounds for their arrest or search and to be treated with dignity and respect.