Search warrant can be issued without summons, says Karnataka High Court

A search warrant can be issued without issuing summons under section 91 of the CrPC, the high court has held.

The court made this observation while dismissing a petition filed by the Social Democratic Party of India (SDPI), which questioned the special NIA court’s order of issuing warrants to search the party's offices in connection with the August 11, 2020, riots in East Bengaluru.

The CCB had moved the NIA court seeking warrants under section 93 of CrPC to search three offices of the SDPI. The party moved the high court against this.

The SDPI's petition stated that it had cooperated with the investigating officers and contended that a notice under section 91 of the CrPC could have been issued instead of a search warrant under section 93 of the CrPC. The counsel for the SDPI contended that only in the event of the court coming to a conclusion that a person would not produce the document on the issuance of summons that a search warrant could be issued.

In response, the counsel for the NIA said that the NIA court had considered the statements of witnesses while issuing the search warrant.

According to the counsel, the search was carried out in accordance with the applicable procedure and that several “incriminating” materials have been found at the premises.

Justice Suraj Govindaraj ruled that there is no requirement to issue summons under section 91 (1) of the CrPC before issuing a search warrant under section 93 (1) (c) of the CrPC.

The court noted that it was not in all cases that the summons would have to be issued prior to the issuance of a search warrant. “The procedure for issuance of search warrant under section 93 of CrPC is dehors and over and above the requirements under section 91(1) of CrPC,” the court said.