Section 94 CrPC: Search of place suspected to contain stolen property, forged documents, etc

What Section 94 CrPC Says

94. Search of place suspected to contain stolen property, forged documents, etc

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—

(a) to enter, with such assistance as may be required, such place, (b) to search the same in the manner specified in the warrant, (c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies, (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety, (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962);

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Source: Section 94, Code of Criminal Procedure, 1973

Section 94 CrPC in Simple Words

When Section 94 CrPC Applies

• A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may act under Section 94(1) CrPC upon information and after such inquiry as he thinks necessary, if the Magistrate has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article, or that any such objectionable article is deposited in any place.
• The Magistrate may by warrant authorise any police officer above the rank of a constable to act under Section 94(1)(a) CrPC to Section 94(1)(e) CrPC.
• Under Section 94(1)(a) CrPC and Section 94(1)(b) CrPC, the police officer may enter the place, with such assistance as may be required, and search the same in the manner specified in the warrant.
• Under Section 94(1)(c) CrPC, the police officer may take possession of any property or article found in the place which the officer reasonably suspects to be stolen property or an objectionable article to which Section 94 CrPC applies. Under Section 94(1)(d) CrPC, the police officer may convey such property or article before a Magistrate, or guard the same on the spot until the offender is taken before a Magistrate, or otherwise dispose of it in some place of safety.
• Under Section 94(1)(e) CrPC, the police officer may take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which Section 94 CrPC applies.
• Under Section 94(2) CrPC, the objectionable articles are counterfeit coin; pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into India in contravention of any notification for the time being in force under Section 11 of the Customs Act, 1962; counterfeit currency note; counterfeit stamps; forged documents; false seals; obscene objects referred to in Section 292 of the Indian Penal Code; and instruments or materials used for the production of any of the other articles listed.

Time Limits Under Section 94 CrPC

• Under Section 94(1)(d) CrPC, property or an article guarded on the spot is guarded until the offender is taken before a Magistrate.Act text: “to guard the same on the spot until the offender is taken before a Magistrate”

Example of Section 94 CrPC

When Section 94 CrPC Does Not Apply

• Section 94 CrPC speaks of a place used for the deposit or sale of stolen property or of an objectionable article. It does not deal with the circumstances in which a Court may issue a search-warrant, the subject of Section 93 CrPC.
• Section 94 CrPC speaks of a warrant authorising a police officer to search a place. It does not deal with search for persons wrongfully confined, the subject of Section 97 CrPC.
• Section 94 CrPC speaks of a warrant issued by a Magistrate. It does not deal with the power of a police officer to seize certain property, the subject of Section 102 CrPC.

Section 94 CrPC Under BNSS 97: What Changed

FAQs on Section 94 CrPC

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