Procedural Abuse in Search and Seizure

Topics: Police, Fourth Amendment to the United States Constitution, Law Pages: 8 (2744 words) Published: April 2, 2013
The Code of Criminal Procedure as existing today came into force in 1973. The Code of Criminal Procedure is mainly an adjective law of procedure. But there at the same time some provision that are in the nature of substantive law. The object of the Code is to provide machinery for the punishment of offenders against the substantive criminal law in the Indian Penal Code as well as in other Acts. The Preamble of the Code says that it is an Act to consolidate and amend the law relating to Criminal Procedure. The use of the words ‘law’ indicates that the Code does not only consolidate the provisions as contained in some particular Act but the ‘entire law relating to criminal procedure’ as found in different Acts has been consolidated. “Search and seizure” refers to the methods used by law enforcement to investigate crimes, track down evidence, question witnesses, and arrest suspects. It also refers to the legal rules governing these methods. Every citizen has the right to be free from unreasonable government intrusion into his or her person, home, business, and property. Lawmakers and the courts have put in place legal safeguards to ensure that law enforcement officers conduct searches and seizures only under certain circumstances, and through specific methods. OBJECTIVE

The researcher shall try to explain if the procedure of search and seizure is working against the right to privacy. The idea of establishing a specific guideline for search and seizure in India is to safeguard the fundamental right of every Indian provided under the Constitution. But over the period it has been seen that this procedure has been misused to a great extent. The researcher shall also try and discuss the legality of evidences found through an illegal search and seizure procedure.

The researcher shall divide this research paper into chapters for a better framework. The first chapter shall be the Introduction. This shall be followed by a chapter on the abuse of the procedural search and seizure when it comes to privacy known as ‘Search and Seizure-A Hurdle in the Right of Privacy?’. This will be followed by a chapter on the legality of the evidences found through illegal search and seizure known as ‘Illegality of Search and Seizure’. The fourth chapter shall be the conclusion. RESEARCH METHODOLOGY

The researcher shall take up doctrinal research methodology wherein the primary source of information will be research journals, acts, newapapers, books, etc.  
Search and seizure is an important and controversial area of criminal procedure. People expect to be left alone from unwarranted snooping or spying by the government, and secure on their own homes. In India, such expectations are tried to be fulfilled. The Constitution has established conditions under which search warrants may be issued and people can be protected from unreasonable searches and seizures. A search is any government intrusion upon a person’s reasonable and justifiable expectation of privacy. A seizure is the exercise of dominion or control by government over a person or thing. Search and seizure procedures involve balancing the individual’s right to privacy against the government’s need to gather information or collect evidence against criminals and protect society against crime. PRIVACY OF THE HOME: SEARCH AND SEIZURE PROVISIONS

Under what circumstances may the State invade the privacy of our homes? What are the limits of these powers? Technically, any law that authorizes “search and seizure” can be said to authorize an invasion of our privacy. Many laws permit searches, for various grounds — ranging from the Income Tax Act which authorizes searches to recover undisclosed income, to the Narcotics Act which prescribes a procedure to search and seize drugs, to the Excise Act and the Customs Act which do so in order to discover goods that are manufactured or...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Search and Seizure Essay
  • Search and Seizure Essay
  • Essay on Search and Seizure
  • Search and Seizure Essay
  • Search and Seizure Essay
  • Essay about Search and Seizure
  • Essay about Search and Seizure
  • Essay on search and seizure

Become a StudyMode Member

Sign Up - It's Free