Section 93 of CrPC : Section 93: When search-warrant may be issued.

Explanation using Example

Example 1:

Scenario: The police suspect that a local businessman, Mr. Sharma, is involved in illegal activities and is hiding incriminating documents in his office. The police have already issued a summons under Section 91 of the Code of Criminal Procedure, 1973, asking Mr. Sharma to produce certain documents. However, they have reason to believe that Mr. Sharma will not comply with the summons.

Application of Section 93: The Court, upon receiving this information, believes that Mr. Sharma will not produce the required documents. Therefore, the Court issues a search warrant under Section 93(1)(a) to search Mr. Sharma's office for the documents. The police execute the search warrant and find the incriminating documents hidden in a locked drawer in Mr. Sharma's office.

Example 2:

Scenario: During an investigation into a large-scale drug trafficking operation, the police receive a tip that a shipment of drugs is hidden in a warehouse, but they do not know who owns the warehouse or who is in possession of the drugs.

Application of Section 93: Since the Court does not know who possesses the drugs (Section 93(1)(b)), it issues a general search warrant to search the warehouse. The police execute the search warrant and discover a large quantity of illegal drugs hidden in the warehouse.

Example 3:

Scenario: A journalist is suspected of possessing confidential government documents that were leaked illegally. The Court is conducting an inquiry into the leak and needs to inspect the journalist's office to find the documents.

Application of Section 93: The Court considers that a general search of the journalist's office will serve the purposes of the inquiry (Section 93(1)(c)). Therefore, it issues a search warrant for a general search of the office. The police execute the search warrant and find the confidential documents in the journalist's filing cabinet.

Example 4:

Scenario: The police suspect that a person is using the postal service to send illegal items. They need to search a parcel that is currently in the custody of the postal authority.

Application of Section 93: The Court issues a search warrant specifying the particular parcel to be searched (Section 93(2)). The police, with the warrant, search the specified parcel in the postal authority's custody and find illegal items inside. Note that only a District Magistrate or Chief Judicial Magistrate can issue such a warrant (Section 93(3)).