SEARCHES

A search is an inspection made on a person, in a building or a place for ascertaining whether

there is any evidence for criminal prosecution.

Why do we search?

There are 2 main reasons why there is a search;

a) To collect evidence and exhibit to be used in criminal proceedings

b) To make an arrest on suspicion and establishing the evidence after the search.

Section 69 M.C.A provides that when a police officer has reason to believe that material

evidence has to be obtained in connection with an offence for which an arrest has been made

or authorised, any police officer may search any place or place of business for the person

arrested or for the person for whom a warrant of arrest has been issued. He can take

anything which might reasonably be used as evidence in any proceedings.

PROCEDURES OF CONDUCTING A SEARCH

1. Search of arrested person

The procedure here is provided under sec 6(2) CPCA which provides that a police officer may

search any person who has been arrested and may take possession of anything found on

such a person that may be used as evidence against the arrested person.

2. Search of vehicles and parcels

The procedure is provided under sec 7 of the C.P.C.A. Under this section any police officer

may stop and search any person or vehicle on reasonable suspicion that anything stolen or

unlawfully obtained may be found.

1