Section 16 of The Airports Economic Regulatory Authority of India Act, 2008
The Authority or any other officer specially authorised by it in this behalf may enter any building or place where the Authority has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) in so far as they may be applicable.
Summary
- The Authority, or any officer specially authorized by it, can enter any building or place if they have reason to believe important documents related to an inquiry are there.
- Once inside, the authorized person can seize the relevant documents.
- Instead of taking the original documents, the authorized person can also choose to take extracts or make copies from them.
- Any search and seizure carried out under this power must follow the rules set out in Section 100 of the Code of Criminal Procedure.
Practical examples
FAQ
1. Can an Authority official enter my home or office whenever they want?
No, they can only enter a building or place if they have a specific reason to believe that a document relating to the subject matter of an official inquiry might be found there, and they must be specially authorized to do so.
2. Do they always have to confiscate the original papers?
No, the authorized officer has the option to simply take extracts or make copies from the documents instead of seizing the originals.
3. What legal rules control how these searches are conducted?
The search and seizure operations are subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, as far as they are applicable.
Test yourself
Q1.Under Section 16 of The Airports Economic Regulatory Authority of India Act, 2008, what is the required justification for the Authority to enter a building or place?
Q2.Under Section 16 of The Airports Economic Regulatory Authority of India Act, 2008, if an authorized officer finds a relevant document during a search, what actions are they permitted to take?
Q3.Under Section 16 of The Airports Economic Regulatory Authority of India Act, 2008, which external law provides the procedures that must be followed during a search and seizure operation?
Q4.Under Sections 14 and 16 of The Airports Economic Regulatory Authority of India Act, 2008, how do the investigative powers escalate from Section 14 to Section 16?