Search and Seizure Procedures: Legal Framework and Requirements.

Search and seizure is a legal process where law enforcement officers or authorized persons inspect a person, property, or location to find evidence related to a crime, and take possession of any items relevant to the investigation. A search involves examining an area or personal belongings to uncover evidence, while seizure is the act of confiscating such evidence or property. Searches and seizures are generally conducted with a warrant, which is a legal document issued by a judge or magistrate, but in some cases, such as emergencies, they can occur without a warrant if immediate action is required. These procedures are regulated by law to ensure they respect individual rights and are conducted lawfully.

Searches can be conducted in the normal course or under emergency conditions as outlined in Sections 38 and 42 of the Criminal Procedure Act (CPA). Section 38(1) empowers any police officer in charge of a police station, if convinced there are reasonable grounds for a search, to either conduct the search or issue written authority for another officer to do so. The term "officer in charge of a police station" includes officers superior to an Officer Commanding Station (OCS) or any officer above constable rank acting in that capacity, as defined in Section 2 of the CPA. The officer conducting the search must comply with all provisions under Section 38, and their testimony should clearly establish the grounds for the search.

When seizing an item, the officer must issue a receipt that acknowledges the seizure, signed by the owner or occupier of the premises or a relative or other responsible person in control of the premises, along with any available witnesses. Failure to strictly follow Section 38 is not fatal, especially when there is no dispute regarding the item found with the suspect, or the suspect confesses to its possession.

If a search is conducted under Section 40, a police officer or another authorized person may execute a search warrant issued by the court, which must occur during daylight hours unless the court permits execution at any time. The main difference between searches under Sections 38 and 40 of the CPA is that Section 38 searches are initiated by the officer in charge or any authorized police officer at any hour, whereas Section 40 searches require a court-issued warrant, typically executed between sunrise and sunset unless otherwise authorized.

Emergency Searches

While Sections 38 and 40 require a search order or warrant, Section 42 provides an exception in emergency situations, allowing police officers to conduct a search and seize relevant items without a warrant. After seizing items in such cases, proper documentation is critical, and the officer’s testimony should explain the emergency that justified bypassing the usual procedures.

Apart from the CPA, other laws also govern search and seizure procedures, such as the Economic and Organized Crimes Control Act (Section 22), the Wildlife Conservation Act (Section 106(1)), the Drug Control and Enforcement Act (Section 48(2)(c)), and the Cyber Crime Act (Section 31).