Law of Search and Seizure in India

Abstract

‘Search and Seizure’ has been a long-known tool in the hands of authorities both under civil and criminal law to explore and make a thorough examination of a place or person in order to find something and take into possession the found out thing into a safe custody so as to use it as evidence at a later stage of trial. Normally, it is the criminal proceedings in which the ‘search and seizure’ provisions are utilized, however, there are various other instances also where search and seizure provisions come into picture, for example income tax raids, excise raids, search and seizure under Information Technology Act, Money Laundering Act, or may be under the orders of the Court. Thus a simple provision takes enormous perspectives and dimensions which need to be addressed. This Chapter analyzes the various ‘search and seizure’ provisions available under the Indian law and the issues involved therein.