CrPC Section 101
Section 101 of the Criminal Procedure Code (CrPC), 1973
Disposal of Things Found in Search Beyond Jurisdiction
Bare Text of Section 101:
"When, in the execution of a search warrant at any place beyond the local jurisdiction of the Court which issued the warrant, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless there is a specific direction to the contrary."
Detailed Explanation:
1. Purpose of Section 101:
Section 101 addresses what should be done with items or evidence found during the execution of a search warrant outside the jurisdiction of the court that issued it.
It ensures proper handling and submission of the seized items to the issuing court to maintain chain of custody and judicial oversight.
2. Key Requirements:
| Element | Explanation |
|---|---|
| Search Outside Jurisdiction | Applies when a search is conducted in an area outside the local jurisdiction of the court that issued the warrant. |
| Discovery of Items | If any documents, articles, or evidence are found during the search. |
| Immediate Action | The items found, along with a proper list, must be brought before the issuing court. |
| Exception | If the warrant specifically directs otherwise, the items may be taken elsewhere as per that direction. |
3. Importance of Section 101:
Ensures that even when searches are conducted outside the court's territory, the legal authority of the issuing court remains intact.
Prevents misuse of search powers by maintaining accountability and a clear procedure for evidence transfer.
Protects the rights of individuals by avoiding arbitrary seizure and improper handling of property.
4. Practical Example:
Suppose a Magistrate in Delhi issues a search warrant for a location in Mumbai.
If the Mumbai police execute the search and recover certain incriminating documents or items, those items must be brought before the Delhi Magistrate, unless the warrant says they should be submitted to a court in Mumbai.
Summary Table:
| Feature | Description |
|---|---|
| Applies To | Execution of search warrant outside issuing court’s jurisdiction |
| Action Required | Submit recovered items and list to the issuing court |
| Exception | If the warrant provides a different instruction |
| Legal Importance | Maintains judicial control and procedural fairness |
| Objective | Ensure proper disposal and documentation of seized property |
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