CrPC Section 100
Section 100 CrPC — Power to order a search
Text of Section 100:
100. Power to order search.
Whenever any Magistrate has reason to believe that anything necessary for the investigation of an offence or for the apprehension or prosecution of an offender is secreted in any place, he may, by warrant, authorize any police officer or other person to enter and search such place, and to seize such thing.
Detailed Explanation
1. Context & Purpose:
Section 100 grants the Magistrate the legal authority to order a search of any place if there is reasonable belief that something important for a criminal investigation or prosecution is hidden there. This could be evidence, stolen property, weapons, or any item connected to an offence.
The section safeguards both the investigative process and the rights of the individuals by requiring the search to be authorized by a Magistrate through a warrant.
2. Key Points:
Who can order a search?
Only a Magistrate can issue a search warrant under Section 100.
When can a search warrant be issued?
When the Magistrate has reason to believe (i.e., a reasonable suspicion based on facts) that something related to an offence is hidden in a particular place.
What places can be searched?
Any place — it could be a house, room, vehicle, locker, or any other location.
Who can conduct the search?
A police officer or any other authorized person appointed by the Magistrate.
What can be seized?
Anything that is necessary for:
Investigation of an offence,
Apprehension of an offender,
Or prosecution of an offender.
3. Importance of the warrant:
The search must be authorized by a Magistrate via a warrant.
This protects citizens against arbitrary or unlawful searches.
The Magistrate examines the facts and grounds before issuing the warrant to ensure the search is justified.
4. Procedure:
The person seeking the search warrant (usually the police) must apply to the Magistrate with sufficient reasons.
The Magistrate considers the application and, if satisfied, issues the warrant specifying the place and what can be searched/seized.
The search is then conducted by authorized officials with the warrant.
5. Relation to other sections:
Section 165 CrPC allows the police to search without a warrant in certain urgent situations.
But Section 100 emphasizes that a warrant is generally required unless urgency or special circumstances justify otherwise.
Summary:
Section 100 CrPC empowers a Magistrate to authorize searches by issuing a warrant when there is reasonable belief that evidence or other necessary items related to a crime are hidden in a place. This helps law enforcement conduct lawful and justified searches, balancing investigative needs with protection of individual rights.
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