CrPC Section 422
Section 422 CrPC: Power to issue search warrants
Text of Section 422 CrPC:
"Whenever it appears to a Magistrate empowered under this Chapter that there is sufficient ground for believing that a person is in possession of anything which is likely to be useful or intended to be used as evidence in the investigation or trial of an offence, the Magistrate may by warrant authorise any police officer to enter and search any place or vehicle where such thing is believed to be."
Explanation:
When is Section 422 applicable?
When a Magistrate has reason to believe that some evidence related to a crime is hidden or kept in some place or vehicle.
This evidence might be useful or intended to be used for investigating or trying an offence.
What powers does the Magistrate have?
The Magistrate can issue a search warrant.
The warrant authorizes a police officer (or other authorized person) to enter and search a specific place or vehicle.
The place/vehicle must be specified or reasonably suspected to contain the evidence.
Purpose of Section 422:
To enable the police to lawfully search premises or vehicles for evidence.
Ensures the search is conducted under legal authority, protecting the rights of individuals.
It prevents illegal or arbitrary searches.
Relation to other sections:
Section 422 works alongside Sections 100 and 165 of the CrPC, which also govern search and seizure.
Section 422 is specific about the Magistrate issuing the search warrant.
Important Points:
The warrant is issued based on “sufficient ground to believe” — it does not require absolute proof.
The search must be authorized by the Magistrate to be lawful.
This is a preventive measure to collect evidence fairly and legally.
Usually applied when police suspect that important evidence is hidden.
Example:
Suppose the police are investigating a case of theft and believe the stolen goods are hidden in a particular warehouse.
They approach a Magistrate under Section 422, who may issue a search warrant.
The police then search the warehouse under this warrant and seize the evidence.
Summary Table:
| Aspect | Details |
|---|---|
| Purpose | To authorize search for evidence related to an offence |
| Authority to issue warrant | Magistrate empowered under CrPC Chapter on search/seizure |
| Who can execute warrant | Police officer or authorized person |
| Basis for issuing warrant | Sufficient ground to believe evidence is in a place/vehicle |
| Protection | Ensures lawful, authorized search, prevents illegal search |
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