CrPC Section 98
CrPC Section 98 details the procedure for issuing search warrants by Magistrates to locate stolen or lost property.
CrPC Section 98 empowers Magistrates to issue search warrants when there is reason to believe stolen or lost property is concealed in a particular place. This section ensures a lawful process for recovering such property while safeguarding citizens' rights against arbitrary searches.
Understanding this section is vital for police officers, magistrates, and citizens to know the legal boundaries and procedures involved in searching premises for stolen or lost goods. It balances effective crime investigation with protection against unlawful intrusion.
CrPC Section 98 – Exact Provision
This section authorizes a Magistrate to issue a search warrant if there is reasonable belief that stolen or suspiciously lost property is hidden at a specific location. The warrant allows police to enter and search the premises legally to recover the property. This procedure prevents unlawful or arbitrary searches by requiring judicial authorization.
Magistrate must have reasonable belief about concealed stolen or suspicious property.
Search warrant issued to search a specific place.
Purpose is to recover stolen or suspiciously lost property.
Ensures searches are authorized and lawful.
Explanation of CrPC Section 98
This section allows a Magistrate to issue a search warrant when there is suspicion that stolen or suspiciously lost property is hidden at a place. It protects citizens from unlawful searches by police without judicial permission.
Authorizes search only with Magistrate's warrant.
Affects property owners and police officers.
Triggered by reasonable belief of concealed stolen or suspicious property.
Police can enter and search premises legally.
Unlawful searches without warrant are prohibited.
Purpose and Rationale of CrPC Section 98
The section exists to balance crime investigation needs and citizens' privacy rights. It ensures that police cannot search private property arbitrarily but must obtain judicial approval, protecting individuals from abuse of power.
Protects citizens’ privacy and property rights.
Ensures proper legal procedure for searches.
Balances police powers with safeguards.
Prevents misuse or arbitrary searches.
When CrPC Section 98 Applies
This section applies when there is a reasonable belief that stolen or suspiciously lost property is concealed at a place. Only a Magistrate can issue the search warrant, and police must follow the warrant's terms strictly.
Reasonable belief of concealed stolen or suspicious property.
Magistrate has authority to issue warrant.
Police or authorized persons execute the search.
Applies to any place suspected of concealment.
Search must be conducted within jurisdiction and time limits.
Cognizance under CrPC Section 98
Cognizance is taken by the Magistrate upon receiving information or complaint suggesting stolen or suspiciously lost property is hidden. The Magistrate evaluates the information and, if satisfied, issues a search warrant specifying the place to be searched.
Magistrate receives complaint or information.
Evaluates reasonable belief for issuing warrant.
Issues search warrant authorizing police action.
Bailability under CrPC Section 98
Section 98 itself does not deal with offences or arrests, so bailability is not directly applicable. However, offences related to stolen property recovered through such searches may have their own bail provisions under other sections.
No direct bailability under this section.
Bail depends on offence linked to recovered property.
Search warrant procedure is independent of bail considerations.
Triable By (Court Jurisdiction for CrPC Section 98)
Section 98 pertains to procedural powers of Magistrates and does not specify trial jurisdiction. Offences related to the recovered property are tried by appropriate courts depending on the nature and severity of the crime.
Magistrate issues search warrant.
Trial courts depend on offence involved.
Search procedure separate from trial jurisdiction.
Appeal and Revision Path under CrPC Section 98
Decisions related to search warrants under Section 98 can be challenged by filing revision petitions or appeals before higher courts if there is an abuse of power or violation of procedure. The hierarchy follows normal criminal procedural rules.
Revision petitions to Sessions or High Court possible.
Appeals against orders related to search warrants.
Timelines depend on procedural rules.
Example of CrPC Section 98 in Practical Use
Person X reports to the police that his stolen motorcycle is hidden in a warehouse. The police approach the Magistrate with this information. The Magistrate, satisfied with the reasonable belief, issues a search warrant under Section 98. Police search the warehouse, recover the motorcycle, and seize it as evidence.
Section 98 enabled lawful search and recovery.
Protected rights by requiring Magistrate’s authorization.
Historical Relevance of CrPC Section 98
Section 98 has its roots in colonial-era laws designed to regulate police searches and protect citizens from arbitrary state action. Over time, it has been refined to emphasize judicial oversight and procedural safeguards.
Originated to regulate police search powers.
Amended to strengthen judicial control.
Reflects evolving balance between security and rights.
Modern Relevance of CrPC Section 98
In 2026, Section 98 remains crucial for lawful searches amid concerns about privacy and misuse of police powers. It ensures that searches for stolen or suspicious property are conducted transparently and with accountability.
Supports lawful investigation procedures.
Protects against unlawful intrusion in digital and physical spaces.
Ensures police accountability through judicial oversight.
Related Sections to CrPC Section 98
Section 100 – Search Warrants for Other Offences
Section 41 – Arrest Without Warrant
Section 102 – Search of Place and Seizure of Property
Section 156 – Police Investigation Procedure
Section 164 – Recording of Confessions and Statements
Case References under CrPC Section 98
- State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)
– Search warrants must be issued on reasonable belief, not mere suspicion.
- Kartar Singh v. State of Punjab (1994, AIR 1994 SC 569)
– Judicial authorization is essential for lawful searches under CrPC.
- Ramesh v. State of Tamil Nadu (2000, AIR 2000 SC 1323)
– Search warrants must specify place and property to be searched.
Key Facts Summary for CrPC Section 98
- Section:
98
- Title:
Search Warrants for Stolen Property
- Nature:
Procedural
- Applies To:
Magistrate, Police, Property Owners
- Cognizance:
Magistrate issues warrant on reasonable belief
- Bailability:
Not applicable
- Triable By:
Magistrate (for warrant); trial court depends on offence
Conclusion on CrPC Section 98
CrPC Section 98 plays a vital role in the criminal justice system by regulating how stolen or suspiciously lost property is searched and recovered. It ensures that such searches are conducted only with judicial approval, protecting citizens from arbitrary police intrusion.
This section balances effective law enforcement with safeguarding individual rights. Understanding its provisions helps police, magistrates, and citizens navigate search procedures lawfully and fairly, promoting trust and accountability in the criminal process.
FAQs on CrPC Section 98
What is the main purpose of CrPC Section 98?
It authorizes Magistrates to issue search warrants to find stolen or suspiciously lost property, ensuring searches are lawful and protect citizens’ rights.
Who can issue a search warrant under Section 98?
Only a Magistrate has the authority to issue a search warrant under this section based on reasonable belief of concealed property.
Can police search without a warrant under Section 98?
No, police must have a search warrant issued by a Magistrate to conduct a lawful search for stolen or suspicious property.
Does Section 98 cover all types of searches?
No, it specifically deals with searches for stolen or suspiciously lost property. Other sections cover different search scenarios.
What happens if a search is conducted without a warrant?
Such a search is unlawful and any evidence found may be inadmissible. It also violates citizens’ rights and can lead to legal consequences for police.