Site navigation

Who can issue a “Search Warrant” in India?

Question and options

Who can issue a “Search Warrant” in India?
  1. A police officer
  2. A magistrate
  3. The President
  4. The Supreme Court

Answer and explanation

Correct answer: B - A magistrate
Under Sections 96 and 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Sections 93 and 94 CrPC), a search warrant is issued by a Court, and for places suspected to hold stolen property and similar items by a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class. A police officer may search without a warrant in some cases but cannot issue one, and the President and the Supreme Court do not issue search warrants in the ordinary course.

Practice for these exams

Related question papers

Related exam syllabi

More solved explanations in Processes to compel appearance & production