Searches and Seizures - Central Bureau of Investigation

sent through encrypted electronic mail message with digital signatures of the Officer(s)concerned. The SsP should exercise due caution against possible leakage. A watch ofthe place to be searched may be kept wherever necessary during the period ofverification of information. It will not be possible to follow this procedure in certainemergent cases where there is evident risk of loss of evidence due to inherent delays.In such cases, the provisions of Section 165 Cr.P.C. may be invoked after completingall necessary legal formalities, including preparation of grounds of search. Searchesafter dark should be avoided as far as possible. In such cases, it is for the Branch SP topersonally satisfy himself about the need for taking emergent action. However,approval of the Competent Authority should be taken as soon as possible.(c) Soon after registration of the case, the need for conducting searches should beevaluated and the proposal for search should be sent to the Competent Authoritywithout causing undue delay.(d) In case during the course of a search/investigation/enquiry, the involvement of anOfficer of the level of Joint Secretary and above becomes apparent, theinquiry/investigation against the latter would be initiated only after obtaining permissionu/s 6-A of DSPE Act.(e) Members of the search party should be fully briefed about their allotted tasks and aboutthe do’s and don’ts on searches contained in this Manual and other instructions issuedfrom time to time, before they set out for actual search.(f) Once a search party reaches the place of search and starts the proceedings, normallypersons from the house should not be allowed to go out or outsiders allowed to comein. However, in genuine cases like school going children and medical emergency etc.the persons may be allowed to go and come after proper personal search. If the personwhose house is being searched happens to be out at that time and returns during thecourse of search, he would, of course, be allowed to come in. The search party shouldhave control over all the access points and outlets to the house. The search partyshould also take control of the telephones.(g) The addresses and places to be searched should be verified before taking a decisionand confirmed before searches are actually launched.(h) Whenever searches are being organized, monitoring of the progress by senior Officersinvolved should be done at the Branch. A stand-by reserve team along with a vehicleshould also be kept at the Branch/Unit, to move immediately to assist a search party.Whenever required, it could also be utilized if, during a search, necessity of searchingother premises arises.(i) As far as possible, searches should be completed in one stretch. In case, search is tocontinue, after a break, on the next day due to any reason, the premises should beproperly sealed in the presence of witnesses and unsealed again in their presence.Adequate guarding/ security arrangement should be ensured for this period.(j) In cases, such as those of disproportionate assets, searches could be held not only atthe residence and office of the suspect Officer, but also at the place of his closerelation, friends and Chartered Accountants etc., who very often are entrusted withincriminating documents. Such an assessment will have to be made prior to theregistration of the case. In cases of disproportionate assets, a separate inventoryshould be prepared of items, which are not seized. The value, preferably as peragreement of all concerned, should be indicated against each item. Milometer readingof cars and scooters should also be shown in the inventory list. A conscious effortshould be made to locate and seize the locker keys; which have a typical appearance.The locker concerned should be located quickly and sealed for conducting a searchlater on (within a day or two), if immediate search is not possible.(k) Searches should not, unless unavoidable, be carried out on the occasion offestivals/celebrations or mourning etc. going on in the house concerned.Page 3 of 10