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bbugs   28 June 2021

Search warrant

Can a court issue a search warrant for documents or things without first summoning a person to produce such documents or things? Please clarify my doubt.


Learning

 2 Replies

Shubham Bhardwaj (Advocate)     28 June 2021

Dear Sir, 

This is a very open ended question. However, for your guidance I ll try to give a reasonable answer.  

A civil court does not have the power to issue search warrant for documents. It can only order production and if not produced, negative inference is drawn against the person if it is proved that the said document is/was in possession of the party ordered. Civil court is a court adjudicating civil rights. 

However, a criminal court is empowered to issue search warrant for search of a document u/s 93 Cr PC even without calling for documents from any concerned party if the court is of opinion that the person will not comply with the production order. A mere apprehension to the court is sufficient. Criminal Court is a court trying an act of criminal nature. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh. 

 

Disclaimer:- The opinion is only for guidance.  

1 Like

bbugs   28 June 2021

Thank you for your answer

 


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