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    Unit-III: Process To Compel Production of Things

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    mohit kumar
    The document discusses the various legal processes for compelling the production of documents and things in criminal proceedings in India. These include a summon issued by a court, a written order by the police, or a search and seizure conducted with or without a warrant. It outlines the main sections of the Code of Criminal Procedure (CrPC) that govern searches and seizures, including provisions regarding search warrants, the consequences of non-compliance with a search order, and exceptions to the general rules around searches. The document provides an overview of the legal framework for compelling production of documents through different enforcement mechanisms in criminal investigations and trials in India.

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    Unit-III: Process To Compel Production of Things

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    mohit kumar
    52 views10 pages
    The document discusses the various legal processes for compelling the production of documents and things in criminal proceedings in India. These include a summon issued by a court, a written order by the police, or a search and seizure conducted with or without a warrant. It outlines the main sections of the Code of Criminal Procedure (CrPC) that govern searches and seizures, including provisions regarding search warrants, the consequences of non-compliance with a search order, and exceptions to the general rules around searches. The document provides an overview of the legal framework for compelling production of documents through different enforcement mechanisms in criminal investigations and trials in India.

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    Unit-III

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    The document discusses the various legal processes for compelling the production of documents and things in criminal proceedings in India. These include a summon issued by a court, a written order by the police, or a search and seizure conducted with or without a warrant. It outlines the main sections of the Code of Criminal Procedure (CrPC) that govern searches and seizures, including provisions regarding search warrants, the consequences of non-compliance with a search order, and exceptions to the general rules around searches. The document provides an overview of the legal framework for compelling production of documents through different enforcement mechanisms in criminal investigations and trials in India.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pptx, pdf, or txt
    52 views10 pages

    Unit-III: Process To Compel Production of Things

    Uploaded by

    mohit kumar
    The document discusses the various legal processes for compelling the production of documents and things in criminal proceedings in India. These include a summon issued by a court, a written order by the police, or a search and seizure conducted with or without a warrant. It outlines the main sections of the Code of Criminal Procedure (CrPC) that govern searches and seizures, including provisions regarding search warrants, the consequences of non-compliance with a search order, and exceptions to the general rules around searches. The document provides an overview of the legal framework for compelling production of documents through different enforcement mechanisms in criminal investigations and trials in India.

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    © All Rights Reserved
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    Unit-III

    PROCESS TO COMPEL PRODUCTION OF THINGS


    The main processes for compelling
    production of things/documents are:-

     Summon issued by court


     Written order by police
     Search/Seizure with/without warrant
    But Why These Processes?
    What is the Object?
    Article 20(3) and Production of things?
     M.P. Sharma v. Satish Chandra, 1954 Cr LJ 865
     State of Bombay v. Kathi Kalu (1961)
    Exceptions of
    general rule under Penal Provisions
    S. 91
     Privileged document  S.175 IPC
     Postal authority  S.349 CrPC
    TYPES OF SEARCH

    (a) Search of Person to be arrested/search of Arrested Person [ Sections 47 and


    51 respectively ]
    (b) Search of things/documents
    (i) Search with Warrant
    (ii) Search without Warrant
    Search with Warrant (S.93, 94, 95, 96,
    97)
     Section 93- when court can issue search warrant
     Where person will not produce it
     When document/thing not known to be in possession of any person
     Where general search/inspection is necessary
     Search may be-
     General under section 93(1)
     Particular under section 93(2)
     Section 93 (3) is to be read with Section 461 (b)
    Contd…

     SECTION 94- Search of place suspected to contain stolen property


     Consequences S.460 (a) that is if the order of magistrate is in good faith then
    his order will not be set aside.
     Section 95 and 96 is to be read with Article 19 (1)(a)
     Lalai Singh v. State of U.P. 1971 Cr LJ 1519
     Sangraj Damodar Roopwati v. Nitin Godare 2007 CrLJ 3860
     State of Maharastra v. Sangraj 2010Cr LJ 4290
     Section 96
     Remedy aggrieved by the order under section 95.
     Section 101
    Search without Warrant (S.103, 153,
    165, 166)

     Section 103-Magistrate may direct search in his presence


     Section 153-inspection of weight and measures
     Section 165- search by police officer
     Section 166- when officer in charge of a police station may require another to
    issue search warrant
     Ronny v. State of Maharashtra 1998 CrLJ 163
    General Provisions
     Section 99, 100
     Why there is a need of Section 100?
     Object of S.100?
     Consequences of S.100-S.100(8)
     Ommission to assist-S. 187 IPC
     Subbayya v. State of Karnataka AIR 1979 SC 711
     Tej Bahadur Singh v. State of U.P. (1970) Cr LJ 528 (SC)
     Hazara Singh v. State of Punjab 1971 (1), S.C.C., 529
     Section 102 read with S. 457,458 and 459
     Anwar Ahmad v. State of UP 1976 CrLJ 620
     Suresh Nanda v. CBI 2008 CrLJ 1599 (SC)
    THE END

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