PROCEDURAL ABRASIONS IN SEARCH AND SEIZURE OF PROPERTY
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Abstract
For the maintenance of law and order in the society, there is a need to curtail the crimes and apprehend the offenders. Search and Seizure of person or place plays an important role in achieving the said objective. Criminal Procedure Code (CrPC) 1973 in chapter VII lays down the procedure to be followed by the police while searching and seizing the property for evidences related to the case. Various provisions of CrPC dealing with search and seizure point towards a clear objective that there should be a nexus between search or seizure and the offence, it cannot be done arbitrarily. The attitude of the police while conducting search seems to have varied with the political temper of the country. Questions like when a search is to be conducted, whose interest is to be invaded, whose rights are to be safeguarded are answered differently in different jurisdictions and at different points of time. This article is aimed at analysing the deviations from provisions of search and seizure given in the text of the code and how has judiciary responded to such abrasions. Focus is also placed on the response of the judicial system in other countries. This analysis is done in the framework of fundamental rights and doctrines like ‘principle of exclusion’, ‘unfair operation principle’.
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