The gendral thing is the evidence or any other material relate to the case must be available to

the agencies conducting the investigation or such proceeding “The Code, therefore, provides
initially for a summons to produce any documents or things; but if this method fails or is
apprehended to fail, the Court can issue order orders to the police for the search and seizure
of such documents or things.” The code also empower the court to issue a warrant for a
purpose of general search and seizure at any place for a reason of trail or to issue the warrant
which must contain the stolen property , counterfeit coins and others. In some of the case
there was a urgent in the need of immediate serch for that the code give a power to police
search without the warrant . It has been observed, “An Indian citizen’s house, it must always
be remembered, is his castle, because next to his personal freedom comes the freedom of his
home. Just as a citizen cannot be deprived of his personal liberty except under authority of
law, similarly, no officer or the State has a prerogative right to forcibly enter a citizen’s house
except under the authority of Law” to say the entire code of criminal procedure is based on
the two main principle one is justice and the other is fair and the one of the principle is legal
jurisprudence that is one should given a equal chances for heard and defend this is their right
section 161(3) of the act says that “any statement recorded during the course of  investigation,
shall not be signed by the investigation, shall not be signed by the person ma person making the
statement, has been specified”.

At the same time “No person accused of any offence shall be compelled to be a witness against
himself.” This was stated in the case of MP. Sharma and others vs satish Chandra in the case of kalu
oghad ‘s the supreme court gave a narrow interpretation on word to be witness .

GENDRAL PROVISION

Section 91 deals with the process of the search and seizure

) Whenever any Court or any officer in charge of a police station considers that the production of any
document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial
or other proceeding under this Code by or before such Court or officer, such Court may issue a
summons, or such officer a written order, to the person in whose possession or power such
document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the
time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be
deemed to have complied with the requisition if he causes such document or thing to be produced
instead of attending personally to produce the same.

Theree was a question arises that the summon or a order can be issued for the accused
person also from the language of the section we understand that this section is a prima facie
and it include the accused person also at the same time there is indication that the legislature
has not made a intent to include it a person who has been cited as a witness in the
proceeding and appear in the court on the pursuance of summon under the section 91 1
cannot consider as a witness and as a result he / she cannot be cross examined by the court
section 139 of the evidence act states that a person cannot be a witness with a reason of mere
production of the document . if a person comply the summon without a reasonable or vaild
reason he can face a penal consiquences under the section 175 of ipc .

SEARCH WARRANT

A serch warrant is a written authority which wa given to the police officer or another person
by the magistrate or a court for the search of anything . a searching method is coercive which
in volves in the invation and also the privacy of the person according to the code the search
warrant may given under 6 condition .

WHEN A SEARCH WARRANT MAY ISSUED

Search for persons wrongfully confined

This warrant may issued under the section when the nature of a writ of habeas corpus that is
rescue of a wrongfully confined person by intervention of the police officer directly by the court
order before issuing this the magistrate has to be satisfy by the evidence that is given before the
court which has to be proven by that the person wrongfully detained . it is not applicable to the case
SDM rejection of the mother prayer for search of son who was with his father . the supreme court
ruled out that the section 97 is a prima facie attached to the circumstance of the case the child was
living with his own father the supreme court has also state that the also turned down the husband’s
request for a search-warrant under Section 97 for his children who were with his wife, as the mother
is the natural guardian of her children. In case of a person wrongful, confined by a gherao, a warrant
can be issued under this section for his rescue

SECTION 98

Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child
under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-Divisional
Magistrate or Magistrate of the first class may make an order for the immediate restoration of such
woman to her liberty, or of such female child to her husband, parent, guardian or other person
having the lawful charge of such child, and may compel compliance with such order, using such force
as may be necessary.

The section is intended to gave a relief to the woman or a girl who are all detained by the unlawful
way. A action cannot be taken by a complaint or a oath under the section the arrest of the female is
not permissible at the same time it can permissible under the section 97 .