Criminology

Police Science and Law Enforcement

Arrest, Search and Seizures
 Role Name Affiliation
Principal Investigator Prof. (Dr.) G.S. Bajpai Registrar, National Law
University Delhi
Paper Coordinator Dr. M. N. Bhatt Assistant Professor, Sardar Patel
University of Police, Security and
Criminal Justice, Jodhpur
Content Writer/Author Dr. M. N. Bhatt Assistant Professor, Sardar Patel
University of Police, Security and
Criminal Justice, Jodhpur
Content Reviewer Prof. (Dr.) S.S. Jaswal Mody University of Science and
Technology, Lakshmangarh, Sikar,
Rajasthan

DESCRIPTION OF MODULE

Items Description of Module

Subject Name Criminology
Paper Name Police Science and Law Enforcement
Module Name/Title Arrest, Search and Seizures

Module Id Crim/PSLE/XVII
Objectives Learning Outcome:

 To make the learners understand about arrest and its

legal provisions
 To make the learners understand about Search and their
process
 To make the learners understand about Seizures

Prerequisites General understanding of the provisions of Code of Criminal

Procedure

Key words First Information Report, Cr. P.C. Evidentiary Value

 Arrest, Search and Seizures

In this Unit we will discuss the concept of Arrest, Search and Seizure as per the provisions of Cr.
PC.

A. Arrest:
The word arrest derive from the French word "arret" which means "stop". An arrest is an act
depriving someone of his personal liberty. Arrest means a curtailment of personal liberty, for
legal purposes. Arrest means preventing a person from having free movement by applying the
authority under law. Under Indian Law Arrest can be made by a police officer or by any other
person empowered by law for the purpose of investigation or prevention of crime. When the
police arrest someone, they take away that person’s fundamental right to freedom. Consequently,
there are several procedures the police must follow before they can make a legal arrest.

After registration of FIR, visit to the scene of crime and collection of evidence, when an
Investigation Officer (IO) arrives at the conclusion that reasonable suspicion exits against the
suspect that he has committed a crime and for completing the investigation his arrest is
necessary, he may arrest him in accordance with the law. After arrest the accused person is taken
under the police custody, and if the crime is bailable, he may be released on bail, and if the crime
is non-bailable, the IO would approach the relevant court for providing police or judicial custody
as per the requirement of the investigation. Arrest, Custody, Bail and Remand are therefore,
essential ingredients of police investigation.

1. Law of arrest

Chapter five of the Code of Criminal Procedure, 1973 deals with the arrest of persons. Section 41
is the main section providing for situations when police may arrest any person without warrant.
This section deals with when police may arrest without warrant.- (1) Any police officer may
without an order from a Magistrate and without a warrant, arrest any person-

(a) who has been concerned in any cognizable offence, or against whom a reasonable
complaint has been made or credible information has been received, or a reasonable
suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse
shall lie on such person, any implement of house-breaking; or

(c) who has been proclaimed as an offender either under this Code or by order of the
State Government; or
 (d) in whose possession anything is found which may reasonably be suspected to be
stolen property and who may reasonably be suspected of having committed an
offence with reference to such thing; or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped,
or attempts to escape, from lawful custody; or

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the
Union; or

(g) who has been concerned in, or against whom a reasonable complaint has been made,
or credible information has been received, or a reasonable suspicion exists, of his
having been concerned in, any act committed at any place out of India which, if
committed in India, would have been punishable as an offence, and for which he is,
under any law relating to extradition, or otherwise, liable to be apprehended or
detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section
(5) of section 356; or

(i) for whose arrest any requisition, whether written or oral, has been received from
another police officer, provided that the requisition specified the person to be arrested
and the offence or other cause for which the arrest is to be made and it appears
therefrom that the person might lawfully be arrested without a warrant by the officer
who issued the requisition.

2. Any officer in charge of a police station may, in like manner, arrest or cause to be
arrested any person, belonging to one or more of the categories of persons specified in
section 109 or section 110.”
There are some more relevant sections of Cr. P.C. which are relevant for arrest, these
sections are as follows:

S. N. Section Provisioned
1. Section 42 According to this section if a person commits an offence in the
presence of a police officer or where he has been accused of
committing a non-cognizable offence and refuses, on demand being
made by a police officer to give his name and residence or gives
false name or residence, such person may be arrested but such arrest
shall be only for the limited purpose of ascertaining his name and
residence. After such ascertaining, he shall be released on executing
a bond with or without sureties, to appear before a magistrate if so
required. In case the name and residence of such person cannot be
ascertained within 24 hours from the date of arrest or if such person
fails to execute a bond as required, he shall be forwarded to the
 nearest magistrate having jurisdiction.

2. Section 43 An arrest can be made by a private person and the procedure to be

followed on such arrest.
3. Section 44 arrest by a magistrate
4. Section 45 protects the members of the Armed Forces from being arrested
under sections 41 to 44
5. Section 46 Sets out the manner in which the arrest should be made and
6. section 47 Enables the police officer to enter a place if he has reason to believe
that the person to be arrested has entered into that place or is within
that place.
7. Section 48 Empowers the police officers to pursue the offenders into any place
in India beyond their jurisdiction.
8. Section 49 The person arrested shall not be subjected to more restraint than is
necessary to prevent his escape.
9. Section 50 Which corresponds to clause (1) of Article 22 of the Constitution
and creates an obligation upon the police officer to communicate to
the person arrested full particulars of the offence for which he is
arrested or other grounds for such arrest forthwith. It also provides
that where a person is arrested for a bailable offence without a
warrant, the police officer shall inform the person arrested that he is
entitled to be released on bail and that he may arrange for sureties on
his behalf.
10. Section 51 provides for search of arrested person
11. section 52 empowers the police officer to seize offensive weapons from the
arrested person
12. Sections 53 Provide for medical examination of the arrested person at the
and 54 request of the police officer or at the request of the arrested person,
as the case may be.
13. Section 55 Prescribes the procedure to be followed when a police officer
deputes his subordinate to arrest a person without warrant.
14. Section 56 which corresponds to clause (2) of Article 22 of the Constitution,
provides that the person arrested shall not be kept in the custody of a
police officer for a longer period than is reasonable and that in any
event such period shall not exceed 24 hours exclusive of the time
necessary for the journey from the place of arrest to the magistrate’s
court. Of course if the magistrate permits the police officer to keep
such person in his custody, he can do so beyond the period of 24
hours.
15. Section 58 casts an obligation upon the officers in charge of police station to
report to the specified authorities of arrests made without warrant
within their jurisdiction and of the fact whether such persons have
been admitted to bail or not.
 16. Section 59 Says that no person arrested by a police officer shall be discharged
except on his own bond or bail or under the special order of the
magistrate.
17. Section 60 Which is the last section in the chapter, empowers the person having
the lawful custody to pursue and retake the arrested person if he
escapes or is rescued from his custody.

The police under the above sections affect arrests without warrant; however, there are provisions
when they are required to arrest persons with warrants. The arrest warrants are issued by the
courts and there is no discretion available with the police for executing such warrants and these
should be executed in accordance with the directions of the court.

2. Who can arrest:

In brief the provisions of Cr. P.C., the relevant sections are as under:
1. A police officer may arrest without a warrant under Cr. P.C. Sections 41 (1) to 151;
under a warrant under Sections 72 to 74; under the written order of an officer in charge
under Sections 55 and 157; under the orders of magistrate u/s 44 and in non-cognizable
offence under section 42 Cr. P.C.
2. A superior officer under section 36 Cr. P.C.
3. An Officer-in-Charge of a Police Station under section 42 (2) and 157 Cr. P.C.
4. A magistrate under section 44 Cr. P.C.
5. A military officer under section 130 and 131 Cr. P.C.
6. A private person without warrant under section 43 Cr. P.C., with warrant under
section 72 and 73, under order of a Police officer under section 37 and under order of a
magistrate under section 37 and 44 Cr. P.C. and also 60 (1) Cr. P.C.

3. Arrest Warrants

The warrants are either bailable or non-bailable. In respect of bailable warrants the arrestee
should be released on bail when he offers the required security and in respect on non-bailable
warrants the police officer has no discretion, and the person must be produced before the
concerned Court. Prompt execution of warrant is one of the important duties of the police and
should receive high priority. The warrant must be executed by the officer to whom it is endorsed.
If that officer wants warrant to be executed by his subordinate officer he must make endorsement
by name accordingly.

4. Cautions, Precautions & Guidelines for Arrest

(I) Police Officer making an arrest should record the reasons for making the arrest to justify
it, if required. The Police Constables and Head Constables who make the arrest should
 submit a report detailing the circumstances of the arrest to the SHO or IO concerned who
should incorporate the contents of such reports in the General Diary, Case Diary etc.
(II) No arrest should be made in a routine manner simply because the law empowers the
police officer to do so. The arrest should be avoided if the intention is only to verify the
suspicion of involvement against a person. A police officer may under section 160
Cr.P.C. issue a notice to the suspected person to attend the police station and interrogate
him. He should not be detained for long and more than necessary.
(III) Arrest of Female- Whenever it is necessary to cause a female to be searched, the search
shall be made by a Woman Police Officer or another female with strict regard to decency.
The officer or other person making any arrest, shall seize from the arrested person any
offensive weapons, which he has on his person and shall deliver all weapons so taken to
the court or officer before which or whom he is produced.

5. Power of Police to arrest:

Sections 41, 42, 151 Cr. P.C. and a Police officer may arrest without warrant u/s 41 Cr.
P.C. in the following conditions:-

i. Who has been concerned in any cognizable offence

ii. Who has in possession, without, lawful excuse, of any house breaking weapon
iii. Who has been proclaimed as an offender either under Cr. P.C. or by order of the
State Government
iv. Who is in possession of any stolen property
v. Who obstructs a police officer while in the execution of his duty or who has
escaped, or attempts to escape, from lawful custody
vi. Who is reasonably suspected of being a deserter from any of the Armed forces of
the Union
vii. Who has been concerned in any law relating to extradition
viii. Who, being a released convict commits a breach of any rule made under sub-
section (5) of Section 356 Cr.P.C.
ix. For whose arrest any requisition has been received from another police officer
specifying the person to be arrested and the offence and other cause for which the
arrest is to be made.

6. Constitutional protection
Clause (1) of Article 22 of the Constitution which is one of the fundamental rights in Part III,
provides that “no person who is arrested shall be detained in custody without having informed, as
soon as may be, on the grounds for such arrest nor shall he be denied the right to consult and to
be defended by a legal practitioner of his choice.” Clause (2) of Article 22 provides that every
person arrested and detained in custody shall be produced before the nearest magistrate within a
period of 24 hours of such arrest excluding of course the time necessary for the journey from the
place of arrest to the court of magistrate. The clause further provides that no such person shall be
detained in custody beyond the said period without the authority of a magistrate. Clause (3) of
Article 22, however, provides that clauses (1) and (2) shall not apply to an enemy-alien or to a
person who has been arrested under any law providing for preventive detention.
7. The rights of arrested persons:
Article 22 of the Constitution provided certain fundamental rights for the arrested persons –

(a) Right to know the grounds of his arrest

(b) Right to consult the lawyer of his choice
(c) Right to be defended through a counsel
(d) Right to be produced before the magistrate within 24 hours of arrest
(e) Right not to be detained beyond 24 hours
(f) Right to a corresponding duty of the police officer to procure a direction from the
Magistrate if the detention is needed beyond 24 hours. In a judgment the Supreme Court of
India recognized some more rights of an arrested person under Articles 21 and 22 (2) of the
Constitution of India –
(g) Right to communicate the information of arrest to a friend, relative or well wisher.
(h) Right to consult a lawyer
(i) Right to be informed about his right to seek information to relative friends, well wisher
through the police
(j) Right to a corresponding duty that a police officer has to record the details of the person to
whom the information about the arrest is given, in a diary. Besides, the arrested person must be
produced before a registered medical officer for treatment and checkup immediately after
arrest.

8. Supreme Court Observations on Arrests

In the historic judgment of D K Basu v. State of West Bengal, detailed guidelines were issued by
the Supreme Court:

(i) The police personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags with their
designations. The particulars of all such police personnel who handle interrogation of
the arrestee must be recorded in a register.
(ii) The Police Officer carrying out the arrest of a person shall prepare a memo of arrest at
the time of arrest and such memo shall be attested by at least one witness, who may be
either member of the family of the arrestee or respectable person of the locality where
the arrest is made. It shall also be countersigned by the arrestee and contain the time
and date of arrest.
(iii) A person who has been arrested or detained and is being held in custody in a police
station or interrogation centre or other lock-up, shall be entitled to have one friend or
relative or other person known to him or having interest in his welfare informed, as
soon as practicable, that he has been arrested and is being detained at the particular
 place, unless the attesting witness of the memo of arrest is himself such a friend or a
relative of the arrestee.
(iv) The time, place of arrest and venue of custody of an arrestee must be notified by the
police where the next friend or relative of the arrestee lives outside the district or town
through the Legal Aid Organization in the District and the police station of the area
concerned telegraphically within a period of 8 to 12 hours after the arrest.
(v) The person arrested must be made aware of this right to have someone informed of his
arrest or detention as soon as he is put under arrest or is detained. An entry must be
made in the diary at the place of detention regarding the arrest of the person which shall
also disclose the name of the next friend of the person who has been informed of the
arrest and the names and particulars of the Police Officials in whose custody the
arrestee is.
(vi) The arrestee should, where he so requests, be also examined at the time of his arrest
about major or minor injuries, if any, present on his/her body. The "Inspection Memo"
must be signed both by the arrestee and the Police Officer affecting the arrest and its
copy provided to the arrestee.
(vii) The arrestee should be subjected to medical examination every 48 hours during his
detention in custody by a doctor from the panel of approved doctors appointed by
Director, Health Services of the concerned State or Union Territory, Director, Health
Services should prepare such a panel for all Mandals and Districts as well.
(viii) Copies of all the documents including the memo of arrest, referred to above, should be
sent to the jurisdictional Magistrate for his record. The arrestee may be permitted to
meet his lawyer during interrogation, though not throughout the interrogation.
(ix) A police control room should be provided at all district and State headquarters, where
information regarding the arrest and the place of custody of the arrestee shall be
communicated by the officer causing the arrest, within 12 hours of effecting the arrest
and it should be displayed on a conspicuous police board at the police control room.

In Arnesh Kumar Vs State Of Bihar & Anr , the Supreme Court Of India, Criminal Appeal
NO. 1277 OF 2014, Supreme Court held that no arrest should be made only because the offence
is non-bailable and cognizable.

i. Neither should arrest be made in a routine, casual and cavalier manner or on a mere
allegation of commission of an offence made against a person.
ii. Arrest should only be made after reasonable satisfaction reached after due investigation
as to the genuineness of the allegation.
iii. The Apex Court has issued the following directions to all the State Governments:
iv. To instruct the police officers not to automatically arrest the accused u/s 498A of IPC
without satisfying themselves that the parameters of Sec. 41 of Cr.P.C. are met.
 v. All police officers to be provided with the check-list of conditions precedent prescribed
under Sec.41 of Cr.P.C. This checklist is to be duly filed and forwarded to be Magistrate
while producing the accused for further detention.
vi. The Magistrate shall peruse the report provided by the police officer and only after
recording its satisfaction in writing may authorize detention.
vii. The notice of appearance in terms of Sec. 41A of Cr.P.C. should be served on the accused
within two weeks from the date of institution of the case.
viii. Failure to comply with the directions aforesaid shall apart from rendering the police
officers concerned liable for departmental action, they shall also be liable to be punished
for contempt of court to be instituted before High Court having territorial jurisdiction.
ix. Authorizing detention without recording reasons as aforesaid by the judicial magistrate
concerned shall be liable for departmental action by the appropriate High Court.

9. Treatment of the Arrested Persons

(a) Whenever any person is arrested by a Police Officer or by a private person and is brought
to the police station, the SHO shall examine the body of the arrested person and note
whether he has any injuries over his body. If any, injuries are observed irrespective of
their nature, he should forward the said person to the nearest Medical Officer of the
Government Civil Hospital or other Hospitals of local bodies authorized for medico-legal
work, for treatment and injury certificate. The Medical Officer should be requested to
specify the age of each injury.
(b) When any person with injuries in a serious condition or a drunken person in
uncontrollable condition, who is unable to take care of himself, is brought to the police
station, the SHO shall immediately forward such persons(s) to the Government Hospital.
Any delay may cause death, in which case the police officer in-charge of the police
station will be held responsible. The statement of the injured person should be recorded
in the hospital and further action taken.
(c) When an arrestee demands examination of his body, which will afford evidence to
disprove the charge leveled against him and establish his innocence or evidence of an
offence against his own body, the Police Officer should forward him to the Medical
Officer of the Government Civil Hospital for the examination and injury certificate. Such
a certificate shall be forwarded to the Magistrate concerned.

10. National Human Rights Commission [NHRC] Guidelines on Arrest (November 22,
1999)
Procedure to be followed at the time of arrest- Human dignity must be upheld and minimal force
should be used while arresting and searching suspects. As a rule, use of force should be avoided
while making an arrest.

i. In case the person being arrested offers resistance, minimum force should be used and
care should be taken to see that injuries are avoided.
ii. Dignity of the arrested person should be protected. Public display or parading of the
arrested person is not permitted. (State of Maharashtra v Ravikant S. Patil 1991 SCC 373)
iii. Search of the arrested person should be carried out with due respect for her/his dignity
and privacy. Searches of women should only be done by women, with strict regard to
decency. (Section 51 (2) CrPC)
iv. Women should not be arrested between sunset and sunrise. As far as practicable, women
police officers should be associated when the person being arrested is a woman.
v. Force should never be used while arresting children or juveniles.
vi. Police officers should take the help of respectable citizens to ensure children and
juveniles are not terrorised, and the need to use coercive force does not arise.
vii. The arrested person should be immediately informed about the grounds of arrest in a
language s/he understands. (Sheela Barse v State of Maharashtra 1983 SCC 96)
viii. In case a person is arrested for a bailable offence, s/he must be informed about her/his
right to be released on bail. (Section 50 (2) CrPC.
ix. Section 436 (1) CrPC lays down that when a person is arrested for a balaible offence, s/he
has a right to be released on bail upon arrest.)

B. Searches

Searches, personal and house, are important tools of investigation. Police Officers are
empowered to conduct these searches as per the various provisions under Cr.P.C. Personal search
is conducted immediately after a person is arrested and taken under the custody. House search
can be conducted prior to arrest or after the arrest as per the needs and demands of the
investigation.

1. Powers of Search

(a) An Officer in charge of a Police Station or an Investigation Officer, having reasonable

grounds for believing that anything necessary for the purpose of investigation, may be
found in any place within the limits of the Police Station, and that such thing cannot in
his opinion be otherwise obtained without undue delay, may search the place under
Section 165 of the Code of Criminal Procedure. Before making the search, the Police
 Officer must record in writing the grounds of his belief, specifying therein the thing for
which the search is made. If the Investigating Officer is unable to conduct the search in
person, he may require any officer subordinate Police Officer so deputed should be given
an order in writing specifying the place where and the thing for which the search is to be
made. Copies of records made above should be sent to the nearest Magistrate empowered
to take cognizance of the offence.

(b) When a search has to be conducted in the jurisdiction of another station, whether in
the same or a different district, an officer in charge of a Police Station making an
investigation may require under Sub-Section (1) of Section 166 of the Code of Criminal
Procedure, the officer in charge of the former station to make a search or cause search to
be made. But, where there is reason to believe that the delay occasioned by such a
procedure might result in evidence being concealed or destroyed, the Investigating
Officer may, under Sub-Section (3) of Section 166 of the Code of Criminal Procedure,
make the search himself or cause the search to be made, in which case, he shall forthwith
send a notice of the search together with a copy of the list prepared under Section 100 of
the Code of Criminal Procedure to the Officer in charge of the Police Station, within the
limits of which the place searched is situated and to the nearest Magistrate empowered to
take cognizance of the offence.

(c) When a search is made under Section 165 or Section 166 of the Code of Criminal
Procedure, a copy of the list prepared under Section 100 of the Code of Criminal
Procedure, signed by the witnesses, shall be delivered to the owner or occupier of the
place searched. Under Section 165(2) of the Code of Criminal Procedure, the Station
House Officer or Investigating Officer must, if practicable, perform the actual searching
in person. If incapacitated from so doing he must comply with Sub-section (3) of that
section and deliver to his subordinate the prescribed order in writing. A verbal order
given on the spot will not fulfill the requirements of the section.

2. Procedure for Search

(i) At least two respectable witnesses of the locality shall be asked to be present at a
search. The search shall be conducted in their presence and the list of things seized
should be signed by the witnesses. The occupant of the place or his representative shall
be allowed to be present during the search and a copy of the search list signed by the
witnesses shall be given to him.
(ii) When any person is searched under sub-section (3) of Section 100 of the Code of
Criminal Procedure, a copy of the list of things taken possession of shall be given to
him. Before the commencement of the search, the person of the Police Officer and the
witnesses should be searched, so that there may not be suspicion of something
extraneous being planted in the house or the place to be searched.
(iii) The law does not require a search under the Code of Criminal Procedure to be made
only by daylight, but, normally, daylight should be awaited. If information is received
after dusk necessitating the immediate search of a house and if it is apprehended that
 delay till daybreak might result in evidence being concealed or destroyed, the house
should be sealed and guarded and if that is not possible, search should be conducted
during the night itself. Before entering the premises to be searched, the exterior of the
place shall be inspected to see whether facilities exist for introducing property from
outside. Search must be systematic and thorough. Women should be allowed to
withdraw. Indiscriminate search and damage to property should be avoided.
(iv) A search list shall be prepared on the completion of the search in quadruplicate, all the
copies being signed by the Police Officer making the search and the witnesses to the
search. One copy will be handed over to the owner or occupant of the house, the second
copy should be sent to the Magistrate and the third copy should be sent with the case
diary to the superior officer to whom case diaries are sent. The fourth copy will form
the station record. If blank paper has unavoidably to be used, four copies of the list
should be made and dealt with as above affixing the fourth copy to search list book, on
return to the station.
(v) Whenever a person is arrested and not released on bail by a police officer a thorough
search of his clothes and belongings should be made before putting him in lockup.
Articles found upon him other than necessary wearing apparel should be placed in safe
custody and if any articles are seized from his person, a receipt showing the articles
taken possession by the Police Officer shall be given to such person. The personal
articles of the person should be kept in safe custody in the Property Room (Malkhana)
and entries made in concerned registers. If there are any incriminating articles or
objects or materials, which might be necessary for investigation, they should be
separated and the procedure for recording and dispatch of case property to courts
should be followed. The other property should be returned to him or his nearest kith or
kin when he is remanded to custody.

3. Precautions for Conducting Searches

The following precautions should be taken while conducting searches:

(i) Searches, as far as possible be conducted during daytime, except when circumstances
otherwise warrant. Before proceeding to conduct a search, prepare a record indicating
reasonable grounds for making the search, the place to be searched, the thing or things
for which search is to be made, and why such thing or things cannot otherwise be
obtained without undue delay.
(ii) Search report and one copy of the record so prepared without delay should be sent to
the Magistrate and duplicate copy to be submitted to the senior officer, and the third
copy be kept in case diary file. The Panchas and witnesses should be respectable and
inhabitants of the locality. When it is not practicable to do so and Panchas have to be
selected from any other place, make a record of the reason in case diary. Avoid calling
the same Panchas to witness several searches. If, for any reasons, the same Panchas
have witnessed more than one search, make a record of those reasons in case diary.
When the Panchas are selected, serve an order on each of them requesting them to
attend and witness the search.
 (iii) Commence the search only after securing the presence of witnesses and explaining to
them the object of the search and the articles for which it is made. Before commencing
the search, call out the inmates and have their bodies searched observing due
formalities. Before commencing the search, request the occupants of the place to be
searched to be present and to attend the search. If the occupant is not willing or fails to
be present to attend the search, make a record of it in the search list and the case diary.
(iv) If there is reasonably apprehension that the delay caused in securing the attendance of
the occupant frustrates the very object of search, proceed with the search in the
presence of whosoever present on his behalf and record the reasons for so proceeding,
in case diary and search list. Get yourself and the witnesses searched in the presence of
the owner or occupier or any other adult male member of the house, if available, before
the commencement of the search. When once the search is started, do not allow persons
inside the house to go out or those outside to come in. conduct the search in each room
in the actual presence of the witnesses.
(v) After the search is completed and the thing or things for which the search was
conducted and any other incriminating articles are fond or brought out, get yourself and
the witnesses again searched and make a record of it in the search list. Mention clearly
in the search list every item of property seized, the exact place where it was found and
how and by what means it was taken out from that place. Note in the search list the
descriptive particulars and identification marks of the incriminating articles recovered.
Make out the search list on the spot even if no articles re seized. Record the number of
the house and other particulars including the occupant's name, parentage and
occupation.
(vi) Recover documents, if any, to prove the ownership or occupancy of the person from the
place where incriminating articles are recovered and record such recovery in the search
list. Sign with date on all pages of all copies of the search list and obtain the signatures
of the witnesses on all pages of all the copies. Give under acknowledgment a copy of
the search list immediately to the occupant of the house searched.
(vii) On completion of the proceedings send without delay one copy of the search list to the
jurisdictional Magistrate, attach another copy to the case diary of the relevant date to be
sent to your officer, file the third copy in your case diary file, and attach the fourth copy
to the final report to be sent to the court.

4. Custody of Property

According to Section 541 of the Code of Criminal Procedure, when any property regarding
which any offence appears to have been committed or which appears to have been used for the
commission of any offence is produced before any criminal court during any inquiry or trial, the
court may make such order as it thinks fit for the proper custody of such property pending the
conclusion of the inquiry or trial. If the property is subject to speedy or natural decay or if it is
otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary,
order it to be sold or otherwise disposed of. Thus, this section provides for the interim custody of
property. The Magistrate, as a rule, will provide a place for the safe custody of property seized in
cases. If however, he refuses to take charge of it, the police must be responsible for it. Such
property should be kept under lock and key in a lock-up cell or in an iron clamped box in
custody of the treasury or sub-jail guard.

5. Disposal of Property if Court Declines to Take Possession

When a court or a Magistrate refuses to receive any property from the police or to pass any order
under Section 452 of the Code of Criminal Procedure regarding its disposal on the ground that he
does not believe that an offence has been committed in regard to it the following instructions
should be followed:

(a) The police shall retain the property sufficiently long to enable the parties to appeal to a
higher court against the court's or Magistrate's procedure.
(b) If no application for revision is made nor order passed on revision, the police shall return
the property to the person from whom it was taken, unless there is obvious objection to so
doing.
(c) In doubtful cases the police may apply for an order under Section 457 of the Code of
(d) Criminal Procedure to the Magistrate having jurisdiction.
(e) When no order can be obtained from a Magistrate or court an the ownership of the
property is in dispute or difficult of determination, the safest course will be for the police
to retain the property until one of the parties obtains the order of a court. Such case shall
be reported to the Director General for orders.
(f) The police shall not hand over property seized in a criminal case to a person, other than
the one from whom it was taken, without the orders of a court or Magistrate.

C. Seizures

A seizure refers to the collection of evidence by law enforcement officials and to the arrest of
persons. An arrest occurs when a police officer takes a person against his or her will for
questioning or criminal prosecution. Search and seizure is a necessary exercise in the ongoing
pursuit of criminals.

1. Power of Police Officer to Seize Property

(i) Any Police officer may seize any property which may be alleged on suspected to have
been stolen, or which may be found under circumstances which create suspicion of the
commission of any offence.
(ii) Every Police officer shall forthwith report the seizure to the Magistrate having
jurisdiction and where the property seized is such that it cannot be conveniently
transported to the court, he may give custody thereof to any person on his executing a
bond undertaking to produce the property before the court as and when required. (Section
102 Cr.P.C.)
(iii) The seized articles should be sent to the court without delay within the reasonably
acceptable time.

2. Preparation of Property Seizure Memo

(i) All properties, articles, weapons of offence, material objects, etc., concerned in a case
and seized under Form I F. 4 should be without delay sent to the court under Form 95.
(ii) All seizures shall be effected in the presence of two respectable witnesses who have to
attest the seizure memo (IF 4).
(iii) The investigating officers shall remember the following points, while preparing the
seizure memo:
(a) Care should be taken while packing the seized materials, as they have to be
subsequently referred to the CFSL (Central Forensic Science Laboratory) for
expert opinion.
(b) The names and types of properties as mentioned in Form IF 4 do not in anyway
contradict the descriptions to be given in Form 95. (same words shall be used in
both the forms)
(c) The nature of property such as seized, received, stolen, unclaimed, etc., shall be
specified.
(d) While automobiles are seized, all details like type, value, make, colour,model,
registration no., chassis no., engine no., etc shall be verified and notified.

(iv) The seizure of live-stock by the police in criminal cases shall be reported to the
Magistrate for orders under Section 457 of the Code of Criminal Procedure. Pending the
orders of the Magistrate regarding its disposal, the live-stock shall remain in the custody
of the police, but they may deliver it to the charge of the Village Officer or its owner to
be produced when required. The Magistrate having jurisdiction will be responsible for the
cost of its feeding in cases other than those in which it is handed over to the owner.

3. While performing functions relating to search and seizure, the concerned authority
shall:

i. S.165 (1) Cr. PC 1. Ensure that the enforcement authority before entering into any
premises to effect search/seizure of relevant evidence, shall record in writing, as far as
possible, the reasons for believing that search would lead to discovery of such evidence.
ii. S.91 2. Ensure that where the production of a document or a thing is necessary, summons
are obtained from the appropriate court or orders secured from an authorized officer
requiring the person in whose possession or power the relevant document or thing is
believed to be, to produce said document/thing at a stipulated time and place specified in
the warrant/ order
 iii. S.93 3. Ensure that where the Court has reasons to believe that a person to whom
summons or requisition is made would not produce the required document or thing or
where the person or in whose possession a document or a thing is not known, and where
the Court considers that the purpose of inquiry/trial will be served, it may issue of search
warrant for the discovery of such a document or a thing.
iv. Ensure that before proceeding to search the suspect or his belonging with a view to
recover contraband under NDPS Act the person concerned is informed that he has a right
to insist on a search to be conducted in the presence of a magistrate/gazetted officer and,
if the person concerned exercises his right, he must be searched in the presence of such
magistrate/gazette officer. Obtain a search warrant for a person who is allegedly in
unlawful confinement by another person and order her production before the Magistrate.
v. Ensure that generally raids for conducting search should not be made after sunset and
before sunrise.
vi. But where exigencies require immediate search, the reasons must be recorded in writing
for making such exception.
vii. Art. 21 of the Const. Ensure that the dignity and privacy of the person searched is
respected and there is no use of force or aggression.
viii. Ensure that search of a woman is made only by a woman keeping in with the dignity of a
woman.

D. Summary:
Arrest, search and seizure are very important exercise of cracking any crime and to know modus
operndi. The general rule is that to make an arrest, the police must obtain an arrest warrant.
However, if an officer has probable cause to believe that a crime has been committed and there is
no time to obtain a warrant, the officer may make a warrantless arrest. Also, an officer may make
a warrantless arrest of persons who commit a crime in the officer's presence. An invalid arrest is
not generally a defense to prosecution. However, if an arrest is unsupported by probable cause,
evidence obtained pursuant to the invalid arrest may be excluded from trial.
Searches and seizures are used to produce evidence for the prosecution of alleged criminals. The
police have the power to search and seize, but individuals are protected against Arbitrary,
unreasonable police intrusions.