Section 94 CrPC: Search of Place Suspected to Contain Stolen Property or Forged Documents

Section 94 of the Code of Criminal Procedure, 1973 dealt with a special search warrant for a place suspected to be used for keeping or selling stolen property, or for keeping, selling or producing specified objectionable articles such as counterfeit currency, forged documents and false seals.

Meaning and scope of Section 94 CrPC

Section 94 was contained in Chapter VII of the CrPC under the provisions dealing with processes to compel the production of things and search warrants. It empowered specified Magistrates to issue a warrant where, on information and after such inquiry as considered necessary, there was reason to believe that a place was being used for the deposit or sale of stolen property or for specified objectionable articles.

The provision was therefore not a general power to search any premises. Its operation depended on the statutory conditions in Section 94, including information before the Magistrate, any inquiry considered necessary, and the Magistrate having reason to believe that the place was being used for one of the purposes described in the section.

Who could issue a warrant under Section 94?

A warrant under Section 94 could be issued by a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class. The warrant could authorise a police officer above the rank of a constable to carry out the acts permitted by the section.

What could the police officer do under the warrant?

Once properly authorised by a warrant under Section 94, the police officer could exercise the powers stated in the warrant and the section. These included:

1. entering the specified place with such assistance as might be required;
2. searching the place in the manner specified in the warrant;
3. taking possession of property or an article reasonably suspected to be stolen property or an objectionable article covered by the section;
4. conveying the property or article before a Magistrate, guarding it on the spot until the offender was taken before a Magistrate, or otherwise keeping it in a place of safety; and
5. taking into custody and carrying before a Magistrate a person found there who appeared to have been privy to the deposit, sale or production of such property or article with the knowledge or reasonable cause to suspect described in the provision.

Objectionable articles covered by Section 94(2)

For the purpose of Section 94, the expression "objectionable articles" was not unlimited. Subsection (2) specified the categories to which the special search power applied:

1. counterfeit coin;
2. pieces of metal covered by the statutory description in Section 94(2)(b), including the reference then made to the Metal Tokens Act, 1889 and import contrary to a notification under Section 11 of the Customs Act, 1962;
3. counterfeit currency notes and counterfeit stamps;
4. forged documents;
5. false seals;
6. obscene objects referred to in Section 292 of the Indian Penal Code, 1860; and
7. instruments or materials used for producing any of the articles mentioned in the preceding clauses.

Important legal expressions in Section 94

Reason to believe

The statutory phrase "reason to believe" indicates that the Magistrate's power was tied to a belief based on information and the inquiry, if any, considered necessary. Section 94 did not frame the power as an unrestricted search on mere suspicion by the executing police officer.

Stolen property

In the context of Section 94, stolen property was the category of property whose suspected deposit or sale at a place could form the basis for the special warrant. The executing officer could take possession of property found there which the officer reasonably suspected to be stolen property.

Forged documents and false seals

Forged documents and false seals were expressly included among the objectionable articles listed in Section 94(2). The provision also extended to instruments or materials used for producing the listed objectionable articles.

Text and operation of Section 94 before BNSS

Relationship with nearby CrPC provisions

Section 94 formed part of the CrPC scheme on production of things and search warrants. For related provisions, see Sections 91 and 92 CrPC on production of documents or things and postal or telegraph material and Section 93 CrPC on when a search warrant may be issued.

The provisions immediately following Section 94 included Section 95 CrPC on forfeiture of certain publications and search warrants and Section 96 CrPC on an application to the High Court to set aside a declaration of forfeiture.

Position after commencement of BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The subject previously dealt with by Section 94 CrPC is now addressed by Section 97 BNSS. The central structure of the provision remains substantially similar, while the newer provision updates statutory references, including the reference to the Coinage Act, 2011 and the Bharatiya Nyaya Sanhita, 2023.

This page is intended as general legal information and should be read with the applicable statutory text and facts of the case.