CrPC Section 94 - Search of Suspected Place

Section 94 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") outlines the legal framework for searching a place suspected of containing stolen property or other illicit items. This Section gives the Magistrate the power to issue a warrant authorising a police officer to enter and search for and seize such articles along with detaining the persons suspected to have involvement in an illegal activity. Some of these are stolen goods, forged money, false documents, obscene objects, and devices used to make these products.

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

"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-
   1. to enter, with such assistance as may be required, such place,
   2. to search the same in the manner specified in the warrant,
   3. 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,
   4. 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 dispose of it in some place of safety,
   5. 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 -
   1. counterfeit coin;
   2. 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);
   3. counterfeit currency note; counterfeit stamps;
   4. forged documents;
   5. false seals;
   6. obscene objects referred to in Section 292 of the Indian Penal Code (45 of 1860);
   7. instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f)

Simplified Explanation of CrPC Section 94

Section 94 of the Code provides for the following:

Section 94(1): Section 94(1) of the Code states that if a District Magistrate, Sub- Divisional Magistrate, or a Magistrate of the first class has reason to believe (after receiving information and inquiring into the same) that any place is being used for either of the following purposes, he may issue his warrant to a police-officer above the rank of a constable for searching and proceeding under that warrant:

• To deposit or sell stolen goods.
• To deposit, sell, or produce objectionable articles as defined in Section 94(2).
• To deposit objectionable articles as defined in Section 94(2).

The warrant authorises the police officer to do the following:

• Enter the place and if necessary, to obtain any assistance.
• To search the place as described in the warrant.
• To take in his possession any property or article found in the place and which the officer reasonably suspects to be stolen or an obscene thing.
• Bring the property or article before a Magistrate, or take charge of those goods until the offender is brought before a Magistrate, or secure or deposit it to a safe place.
• Arrest and bring before a Magistrate, all persons found in the premises and who seem to have taken part in the deposting, selling, or production of the property or article, knowing or having reasonable cause to believe that the same was stolen or was an article to which an objection existed.

Section 94(2): Section 94(2) of the Code includes the list of objectionable articles as:

• Counterfeit coins.
• Pieces of metal made in contravention with the Metal Tokens Act, 1889 or imported into India in contravention with the provisions of the Section 11 of the Customs Act, 1962.
• Counterfeit currency notes and stamps.
• Forged documents.
• False seals.
• Obscene objects as provided under Section 292 of the Indian Penal Code, 1860.
• Instruments or materials used for production of the articles referred to in the foregoing sub-clauses.

Practical Examples Illustrating CrPC Section 94

• Raid of a counterfeit currency camp: A Magistrate has reason to believe it to be probable that a house in a particular area is being used for printing and distributing counterfeit currency notes. After having made such inquiry as he thinks necessary, the Magistrate issues a warrant authorising police officers to search those premises. During the raid, the police acquired printing equipment, currency notes, and raw materials. They arrested the individuals found at the location and presented them before the Magistrate to initiate further legal proceedings.
• Recovery of the forged documents in a cheating case: A business was suspected of creating and selling forged property deeds. The Magistrate, after an inquiry, issued a search warrant on the office premises. The police conducted a search and found stacks of forged documents about property and arrested them along with bringing the forged documents into evidence. The office employees on duty inside suspected of involvement are taken into custody and presented before the Magistrate.
• Search on a workshop producing objectionable materials: The police got a tip that a workshop is producing and distributing obscene objects that has been prohibited under Section 292 of the Indian Penal Code. Upon verification, the Magistrate issues a search warrant. While raiding, obscene books, pictures, and other articles are found. These are seized, and the individuals involved are caught and brought to court under Sections pertaining to the said crime .
• Recovery of stolen articles in a godown: A Magistrate is informed that someone is using a godown for storing stolen articles, such as the electronic items and jewellery stolen through a series of robberies. A warrant is issued, and the police conduct the search. When they find the stolen goods, they confiscate the same and arrest the warehouse workers into custody for interrogation and further legal proceedings.
• Raid on a counterfeit stamp operation: A gang is suspected of printing counterfeit government stamps. The Magistrate, after collecting adequate information, issues a warrant for the search of the premises wherein they suspect the stamps are being printed. As part of the operation, the police find printing presses and forged stamps. The equipment and the forged stamps are seized, and people inside the facility are arrested and produced before the Magistrate.

Penalties and Punishments Under CrPC Section 94

Section 94 of the Code prescribes the procedure for issuance of warrants for the search of premises suspected of containing stolen property, forged documents, etc. Therefore, the Section does not provide for any penalties or punishments for non-conformance with the provision.

Notable Case Laws Related to CrPC Section 94

Shyamlal Mohanlal vs. State of Gujarat (1964)

The case deals with the application of Section 94 of the Code to accused persons. The Supreme Court of India ruled that section 94, which allows courts to issue summonses for the production of documents, does not apply to accused persons. The court noted the language of Section 94 in holding that, although the term "person" was broad enough to embrace an accused person, other language in the statute suggested that this was not the intent of the Legislature. For example, the Court described the phrase "attend and produce" to be an odd way to refer to a situation where an accused person already present in court is being ordered to produce a document. The court reasoned that it would be even more illogical to apply this phrasing to a situation where a police officer orders an accused person already in custody to "attend and produce" a document.

The court also considered the interaction between Section 94 and Article 20(3) of the Indian Constitution, which protect people from being compelled to answer questions or give evidence that could lead them to incriminate themselves. The Court concluded that if Section 94 were applied to bind accused persons, it would create the possibility that police could pressure accused persons to provide incriminating documents during an investigation. This would be a dilemma on their part on whether to incriminate themself, or refuse to produce a document and face prosecution. The court ultimately decided that interpreting Section 94 as applying to accused persons would be likely to disadvantage accused persons and make investigations unfair.

Assistant Collector of Customs & Anr vs. U.L.R. Malwani And Anr (1968)

The Court observed that Section 94(1) of the Code does not give a Magistrate power to direct the prosecution to provide copies of any documents to an accused person. As the Court noted, the same is evident from plain words in the section.

Dr. Satya Narayan Chowdhuri vs. State of West Bengal And Anr. (1997)

The Calcutta High Court held that Section 94 of the Code permits Magistrates to issue search warrants when they have reasons to believe that a place is used for certain purposes. The list includes depositing or selling stolen property. Before issuing a warrant for stolen property, the magistrate must conduct an inquiry. The Court observed that under Section 94, the character of an inquiry is not specified.

Recent changes

Since the enactment of Section 94 of the Code, there has been no amendment to it. Section 94 of the Code has been retained with certain changes under Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Relevance and Importance

Section 94 is a very important Section in the Indian criminal justice system. It empowers the Authorities to carry on investigation and take action against illegal activities involving stolen property and counterfeit goods. It helps in preventing some economic offences such as counterfeiting, which can damage national security. It also aids in preventing social issues like circulation of obscene material.

Moreover, the judicial oversight embedded in this section ensures that the powers granted to law enforcement are used judiciously. It helps in preserving the delicate balance between efficient law enforcement and the protection of the rights of the citizens.

Summary

In nutshell, Section 94 of the Code of Criminal Procedure, 1973 is an important instrument to curb crimes of theft, counterfeiting and forgery. It vests the powers to issue search warrants in the hands of Magistrates and provides an opportunity for the police to take decisive action against illegal activities. The Section has been so designed that it does not permit the high-handedness by the authorities of the police by including a Magistrate into the process. This, therefore, ensures that searches are not only legal but also justified. This provision is important in maintaining law and order in society while protecting the rights of individuals against the excessive role of the state.

Key Insights & Quick Facts

• Purpose: This Section strikes a balance between the need for law enforcement to act and the rights of individuals against unlawful searches. The law carefully mandates involvement of a judicial officer to ensure that there are no arbitrary searches or lack of justification for such searches.
• Objective: This Section proves to be a very important provision which enables the authorities to act proactively in the sense that they are enabled to search suspicious places and take away any objectionable articles .
• Who is authorised to carry out a search: A police officer not below the rank of a constable is authorised to carry out a search under Section 94 of the Code.
• Who can issue a warrant: The following persons can issue a warrant under Section 94 of the Code:
  • District Magistrate
  • Sub- Divisional Magistrate
  • Magistrate of the first class
• Reason for issuing warrant: As per the information and inquiry, if the Magistrate believes that any place is used for dispositing, selling, or producing stolen or objectionable objects.
• Objectionable Articles: As per Section 94 of the Code, the following items fall under objectionable articles:
  • Counterfeit coins
  • Metal against the Metal Tokens Act of 1889
  • Counterfeit currency notes
  • Counterfeit stamps
  • Forged documents
  • False seals
  • Obscene objects according to Section 292 of the Indian Penal Code
  • Articles or things used in the manufacture of above articles
• Scope of the warrant: The warrant issued under Section 94 of the Code extends to the following:
  • Authorises a police officer above the rank of constable to enter the place with such aid as the officer may need.
  • It further enables the police officer to:
    • Conduct a search as provided under the specifications of the warrant
    • Seize all suspected stolen or objectionable property
    • Convey or guard the seized property, or deposit it to safe custody.
    • Arrest any person present who may have been involved in the deposit, sale, or production of the stolen or objectionable property.
• Role of the Magistrate: After the property has been seized or any person involved in the activity has been arrested, the police must present the items or the people before a Magistrate for further legal action.