Section 101 of The Code of Criminal Procedure, 1973
When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.
Summary
- This section dictates what to do with evidence found during a search conducted outside the court's usual area.
- If items are found beyond the issuing court's jurisdiction, they must be taken immediately to that court.
- If the search location is closer to a local Magistrate than to the court that issued the warrant, the items go to that local Magistrate first.
- The items must be accompanied by the list of seized goods required by law.
- The local Magistrate will typically order the items to be sent to the court that originally issued the warrant.
Practical examples
FAQ
1. Where should the police take items found in a search outside the court's district under Section 101 of The Code of Criminal Procedure, 1973?
They should take the items to the court that issued the warrant, unless a local Magistrate is closer, in which case they go there first as per Section 101 of The Code of Criminal Procedure, 1973.
2. Do the police need a list of items when they present evidence to a Magistrate under the 1973 Code Section 101?
Yes, Section 101 of the 1973 Code requires the things to be presented together with the list prepared during the search.
3. What does the local Magistrate do with items brought to them under Section 101 of The Code of Criminal Procedure, 1973?
Unless there is a good reason not to, the Magistrate will order the items to be sent to the court that issued the search warrant under Section 101 of The Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 101 of The Code of Criminal Procedure, 1973, what determines if items are taken to a local Magistrate instead of the issuing Court?
Q2.What must accompany the items found during a search when they are brought before a court under Section 101 of The Code of Criminal Procedure, 1973?
Q3.When a local Magistrate receives items under Section 101 of The Code of Criminal Procedure, 1973, what is their standard duty?
Q4.Section 101 of The Code of Criminal Procedure, 1973 applies to searches conducted where?