Searches and Seizures - Central Bureau of Investigation

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(l) Searches must always be conducted quickly and quietly and in a manner to avoidunnecessary embarrassment, humiliation or inconvenience to the occupants andmembers of their families. Due courtesy should be shown to them.(m) In cases of disproportionate assets, articles of trifling value and/or daily use need notbe mentioned individually in the search list nor seized. It would, however, be useful tonote down the lump sum value of such articles in the house. Colour photographs ofvarious parts of the house should be taken and got signed at the back by thephotographer. His statement should also be recorded under Section 161 Cr.P.C.(n) Disproportionately large cash or jewellery, unaccounted foreign exchange, costlyelectronic gadgets, arms and ammunition without licence etc. should be seized. Itshould be borne in mind that even if such an item is not covered by the search warrant,Section 102 Cr.P.C. could be invoked.(o) The size of the raiding party should depend on the requirements. Show of force shouldbe avoided. If for any special reasons, some force is required, it may be kept in reserveat some distance. However in important cases where violent conduct on part of theaccused or individual being searched is expected, adequate assistance of local Policeshould be taken. SP of the Branch may make an assessment and take necessarysteps.(p) Officers not below the rank of Inspector should invariably head search parties. In caseof searches of houses of senior Officers or big firms, the SP should supervise thesearches personally. According to the importance of the case, the DIG concerned alsoshould supervise such searches. However, the DIG/SP shall not be a formal witness tothe search, as he would not remain continuously present during the searches.(q) Informants/colleagues/subordinates of the public servant/accused whose house issearched should not as a rule be selected as search witnesses and should notaccompany the search party.13.10 In the inventory that is prepared, the incriminating documents should be listed with relevantdetails. The remaining documents could be inventorised in bulk. However, page numbering andidentity should be given and the witnesses etc. should individually initial the contents.13.11 No unauthorized Press publicity should be given about the searches. Strict instructionsshould be given to members of the raiding party not to divulge any information about searches tounauthorized persons.13.12 A search report should be sent to the Officer with whose permission the case wasregistered or the searches were conducted at the earliest and in any case not later than a weekafter the search along with the analysis of the same. Apart from the evidence collected, the reportshould also mention the time at which the search began and ended, the constitution of eachsearch party and any other fact, which may be relevant. In case the preparation of search list etc.has taken an unduly long time, this fact should also be clearly brought out in the report.13.13 When the I.O. of one Branch goes to conduct a search in a place within the jurisdiction ofanother Branch, the SP of the latter Branch should be contacted to depute an Officer of his Branchto be present at the time of search. Necessary endorsement in the search warrant should beobtained before conducting a search if a house is located outside the jurisdiction of the Magistrateissuing the search warrant. (Sections 78 and 79 Cr.P.C.)13.14 In the course of a search, it should be ensured that the legal rights of the person searchedare respected because any violation thereof may affect the search adversely. The occupant of thepremises reserves the following rights: –(i)(ii)to see the warrant of authorization duly signed and sealed by the issuing authority;to verify the identity of each member of the search party;Page 4 of 10
(iii)(iv)(v)(vi)(vii)to have at least two respectable and independent residents of the locality aswitnesses;to have personal search of all members of the search party before commencementand conclusion of the search;to ensure that a personal search of females are carried out by another female only,with strict regard to decency;to have a copy of the panchnama together with all annexures, for whichacknowledgment should be given;to call a medical practitioner, if required;(viii) to have the children permitted to go to school, after discreet examination of theirbags; and(ix)to have the facility of having meals etc. at the normal time.13.15 Copy of the search list/seizure memo may also be made available to the Departmentconcerned, whenever the Departments make a specific request in the said regard.Statements under Section 161 Cr.P.C. of the Search Witnesses13.16 The I.O. shall record the statements of the search witnesses under Section 161 Cr.P.C.,immediately after completion of the search.Search and Seizure of Digital Evidence13.17 In order to avoid duplication, the principles and procedures to be followed while seizingdigital evidence have been given in detail in the Chapter No.18 of this manual.Production of Government Records13.18 The Police Officers of DSPE are authorized to inspect official or secret records at all stages of theinvestigation. They can, therefore, have access to all official records required by them for the purpose ofinvestigation or for production in Courts. The detailed procedure in respect of records/ documents ofcertain Departments is described in the following paragraphs:–(i)Post Office Records – Officers of the DSPE have no authority to require theproduction of letters, postcards, parcels, telegraphs or other documents or things inthe custody of Postal or Telegraph authorities. The procedure prescribed in Section92 Cr.P.C. must be followed if their production is considered necessary. Thisprohibition, however, does not extend to the other ordinary records maintained in apost office and information available in them shall be given on the written order of theInvestigating Officer. Only those entries in such records will, however, be disclosed,which relate to the person or persons accused of the offence under investigation orwhich are relevant to the offence.(ii) Securing of Income-Tax Records – It is permissible under the Income-Tax Act, 1961,subject to the provision of any notification issued under Section 138(2) of the Act, toobtain any information in respect of the assessment of any assessee and to ask forthe inspection of assessment records or any other information contained thereineither by making an application under Section 138(i) of the Act or by sending arequisition under Section 91 Cr.P.C. or from any list of assesses published by theCentral Government under section 187 Income-Tax Act. However, in view of verylarge number of assesses, the Ministry of Finance do not publish assessment figuresin all cases particularly as the assessments would be in the names of the firms andnot in the names of individuals. The latter source of information would therefore,Page 5 of 10
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Searches and Seizures - Central Bureau of Investigation

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