CrPC Section 123
Criminal Procedure Code (CrPC) - Section 123: Power of Magistrate to Issue Search Warrants
Section 123 of the Criminal Procedure Code (CrPC) empowers a Magistrate to issue search warrants to search for and seize property connected with a criminal offence. This section ensures that the search and seizure process is conducted legally and under judicial supervision.
Purpose:
The purpose of Section 123 is to regulate the authority of the police and other officers in executing searches by requiring prior approval from a Magistrate through a search warrant. This safeguards citizens from unlawful searches and protects their privacy and property rights.
Key Provisions of Section 123:
Authority to Issue Search Warrants:
A Magistrate may issue a search warrant if there are reasonable grounds to believe that property connected to a crime is concealed at a particular place.
Application for Search Warrant:
An application for a search warrant is usually made by a police officer or any person authorized by law.
Contents of the Warrant:
The warrant must specify the place to be searched and the property to be seized.
It authorizes the officer named in the warrant to enter the premises and search for the specified property.
Execution of Search Warrant:
The search must be conducted at a reasonable time and in a reasonable manner to avoid unnecessary damage.
The person conducting the search should produce the warrant to the occupier or person in charge before starting the search.
Seizure of Property:
Any property found that is related to the offence may be seized and brought before the court as evidence.
Protection Against Illegal Search:
Searches without a valid warrant, except in special circumstances authorized by law, may be deemed illegal and inadmissible in court.
Importance of Section 123:
Judicial Oversight: Ensures that searches are conducted under judicial authority, preventing abuse of power.
Protection of Rights: Guards against arbitrary and unlawful searches, protecting privacy and property rights.
Evidence Collection: Facilitates lawful collection of evidence necessary for prosecution.
Rule of Law: Upholds legal procedures in criminal investigations, promoting fairness and transparency.
Practical Example:
If the police suspect that stolen goods are hidden in a suspect’s house, they must apply to a Magistrate for a search warrant under Section 123 before conducting the search.
Conclusion:
Section 123 of the CrPC is a crucial provision that balances the needs of law enforcement in investigating crimes with the protection of individual rights. By requiring a Magistrate’s authorization for searches, it maintains the integrity of the criminal justice process and safeguards citizens against unlawful intrusions.
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