Determined to get justice (Manager) 12 February 2013

Search warrants/investigations

Brother's bail application (false 498A/DV case) hearing is going on at Delhi High Court . Sister in law has refused mediation. The Hon'ble Judge has asked my brother to join investigations at the Police Station. We beleive sister in law will press for search warrants at our residence.

1) Can some one please clarify what is the process for search warrant to be issued? Can it be issued even while bail application is pending and no chargesheet etc has been filed as yet?

2) What all places can be covered under search warrants? My other sister is married (and also named in FIR) - can her residence be searched?

3)What abt bank lockers? Are we required to provide details or she has to provide details?

Appreciate any guidance in this matter.

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7 Replies

Sanjeev (Lawyer) 12 February 2013

Is Sec406 also included in FIR as only 498A wont get search warrants for search of premises.

Determined to get justice (Manager) 12 February 2013

Sanjeev - Following sections are applied 498A/406/34 IPC.

revolutionary (NA) 13 February 2013

Experts kindly guide.Would be intresting see responses.

Rahul Kapoor (Legal Enthusiast) 14 February 2013

hello,

recovery will be done of items whose list was given to IO by the girl.

whatever items you give her back make sure to get it signed in presence of a witness.

where is the case ?

regards-

rahul.gogreen@gmail.com

Determined to get justice (Manager) 14 February 2013

Thanks Rahul. I am also looking for guidance on how the search warrant is issued? Does the complainant/police have to apply to court for search warrant? How much time it takes? At what stage of investigation can this be applied for? Will we be informed that warrant has been applied for or granted?

Rahul Kapoor (Legal Enthusiast) 14 February 2013

hello,

An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins. Thus the warrants have to be taken through a magistrate by the Police in case you do not consent to taking the police officer to the place where the misappropriated property is believed to be kept.

regards-

rahul.gogreen@gmail.com

raveenasen (Manager) 14 February 2013

In general, a court will ask two questions to conclude whether a police investigation turned into a search. First, the court will ask if the person whose home or property were being investigated/searched expected a degree of privacy. Next, the court will ask if that expectation of privacy was reasonable. This question is answered in the light of society, meaning the question revolves around whether society would recognize some sort of privacy in the matter in question.

For an investigation to turn into a search, a court must conclude that the investigation impinged or intruded upon a person's "legitimate expectation of privacy." This is found when the answer to the above two questions is yes. If either question can be answered in the negative, meaning that the person being search either did not have something to keep private, or if the expectation of privacy was not reasonable, then there was no search.

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