Chapter VII

Section 94 CrPC: Search of place suspected to contain stolen property, forged documents, etc.

New Law Update (2024)

Section 106 BNSS

TRIAL COURT

Punishment

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act Text

Section 94: Search of place suspected to contain stolen property, forged documents, etc.
(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note;
(d) counterfeit stamps;
(e) forged documents;
(f) false seals;
(g) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(h) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Important Sub-Sections Explained

Section 94(1)

This sub-section empowers a District Magistrate, Sub-divisional Magistrate, or a Magistrate of the first class to issue a warrant for searching places suspected of containing stolen property or objectionable articles. It also outlines the authority given to a police officer, above the rank of a constable, to conduct the search, seize the illicit items, and take into custody individuals involved.

Section 94(2)

This sub-section clearly defines the ‘objectionable articles’ for which a search warrant can be issued under this section. It includes items like counterfeit coins, currency notes, stamps, forged documents, false seals, obscene objects (as per IPC Section 292), and instruments used for their production, thereby specifying the scope of the search.

Landmark Judgements

Nizamuddin v. State of U.P. (1977 CriLJ 1007 All):

This High Court ruling emphasized that a Magistrate must be genuinely satisfied, based on proper information and inquiry, that there is ‘reason to believe’ a place contains illicit articles before issuing a warrant under Section 94 CrPC. The power cannot be exercised arbitrarily.

P. Ramaswamy v. Inspector of Police (1998 (2) CTC 580 Mad):

The Madras High Court clarified the scope and application of Section 94 CrPC, reiterating that it empowers Magistrates to issue search warrants for places suspected to contain stolen property or objectionable articles as defined within the section, and outlines the corresponding powers of police officers during such searches and seizures.

Draft Format / Application

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