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Code of Criminal Procedure, 1973

Section 94

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

Quick Answer Reference: Section 94 CrPC

  • Provision: Section 94 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
  • Summary: This section allows a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to authorise a police officer to search a place suspected to contain stolen property, forged documents, or other objectionable articles. The officer can enter the place, search it, take possession of any property found, and take people into custody if they appear to be involved in the deposit, sale, or production of the objectionable articles.
Statutory Content

What does Section 94 of CrPC say?

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— to enter, with such assistance as may be required, such place, to search the same in the manner specified in the warrant, 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, 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 safely, 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. The objectionable articles to which this section applies are— counterfeit coin; 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); counterfeit currency note; counterfeit stamps; forged documents; false seals; obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860); instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Indian StandardSection 94, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 94 (India)
Court Pleading StandardSection 94 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/94

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 94 of CrPC mean?

Plain English Explanation

This section allows a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to authorise a police officer to search a place suspected to contain stolen property, forged documents, or other objectionable articles. The officer can enter the place, search it, take possession of any property found, and take people into custody if they appear to be involved in the deposit, sale, or production of the objectionable articles.

Practical Interpretation

In practice, this section is used to investigate cases of theft, forgery, and other crimes. The police officer authorised by the Magistrate can search a place, seize evidence, and arrest people involved in the crime.

Core Legal Purpose

The core purpose of this section is to provide a legal mechanism for investigating and prosecuting crimes related to stolen property, forged documents, and other objectionable articles.

Key Legal Elements
  • A District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class must have reason to believe that a place is used for the deposit or sale of stolen property or objectionable articles.
  • The Magistrate must make an inquiry to gather information before authorising the search.
  • The police officer authorised by the Magistrate must have reason to believe that the property found is stolen or objectionable.
  • The search must be conducted in accordance with the warrant issued by the Magistrate.
Practical Example

Practical Example of Section 94 CrPC

Rajesh, a police officer, receives a tip that a place in a local market is being used to sell stolen goods. He informs the District Magistrate, who authorises a search of the place. Rajesh and his team search the place and find stolen goods worth lakhs. They seize the goods and take the owner, Amit, into custody. The case is then investigated further and Amit is charged with theft.

Common Questions (FAQ)

Frequently Asked Questions about Section 94 CrPC

Q: What is the punishment or consequence under Section 94 of CrPC?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

People Also Ask (PAA)

Common Questions about Section 94 CrPC

What is Section 94 of CrPC?

Section 94 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Search of place suspected to contain stolen property, forged documents, etc.". In plain terms: This section allows a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class to authorise a police officer to search a place suspected to contain stolen property, forged documents, or other objectionable articles. The officer can enter the place, search it, take possession of any property found, and take people into custody if they appear to be involved in the deposit, sale, or production of the objectionable articles.

What is the punishment under Section 94 of CrPC?

Section 94 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 94 of CrPC bailable or non-bailable?

Whether Section 94 of CrPC is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 94 of CrPC?

The essential elements of Section 94 of CrPC are: A District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class must have reason to believe that a place is used for the deposit or sale of stolen property or objectionable articles.; The Magistrate must make an inquiry to gather information before authorising the search.; The police officer authorised by the Magistrate must have reason to believe that the property found is stolen or objectionable..

What replaced Section 94 of IPC in BNS?

Section 94 of the Indian Penal Code (IPC) was replaced by Section 97 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.

Law Transition Mapping
Replaced by New Law
This SectionSection 94Code of Criminal Procedure (CrPC)
New LawSection 97Bharatiya Nagarik Suraksha Sanhita (BNSS)

✓ No material change in the provision.

View New Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 94 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

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