CrPC Forms 8, 9, 10 and 11: Attachment, Witness and Search Warrants

Relevant provisions explained

Section 83 - Attachment of property of person absconding: The Court issuing a proclamation under section 82 may, for reasons recorded in writing, order attachment of movable or immovable property, or both, belonging to the proclaimed person, subject to the conditions and procedure in the section.

Section 87 - Issue of warrant in lieu of, or in addition to, summons: A Court empowered to issue a summons for appearance may, after recording reasons in writing, issue a warrant in the circumstances specified by the section.

Section 93 - When search-warrant may be issued: A Court may issue a search warrant in the circumstances set out in section 93, including where production under section 91 or 92 is not expected or a general search or inspection will serve the purpose of an inquiry, trial or other proceeding.

Section 94 - Search of place suspected to contain stolen property, forged documents, etc.: A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may, upon information and appropriate inquiry and on having reason to believe the statutory conditions exist, authorise a police officer above the rank of constable to enter, search, seize and take related action described in the section.

Official text: Code of Criminal Procedure, 1973 - India Code.

Form No. 8 - Order authorising attachment by District Magistrate or Collector

Form No. 8

Order authorising an attachment by the District Magistrate or Collector

See sections 83

To the District Magistrate/Collector of the District of _________

WHEREAS complaint has been made before me that _________ (name, description and address) has committed (or is suspected to have committed) the offence of _________ punishable under section _________ of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said _________ (name) cannot be found; and whereas it has been shown to my satisfaction that the said _________ (name) has absconded (or is concealing himself to avoid the service of the said warrant) and there upon a Proclamation has been or is being duly issued and published requiring the said _________ (name) to appear to answer the said charge within _________ days; and whereas the said _________ is possessed of certain land paying revenue to Government in the village (or town) of _________ in the District of _________ ,

You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c ), or both, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

Form No. 9 - Warrant in the first instance to bring up a witness

Form No. 9

Warrant in the first instance to Bring up a Witness

See section 87

To _________ (name and designation of the Police Officer or other person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that _________ (name and description of accused) of _________ (address) has (or is suspected to have) committed the offence of _________ (mention the offence concisely), and it appears likely that _________ (name and description of witness) can give evidence concerning the said complaint and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;

This is to authorise and require you to arrest the said _________ (name of witness) and on the _________ day of _________ to bring him before this Court, to be examined touching the offence complained of.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

Form No. 10 - Warrant to search after information of a particular offence

Form No. 10

Warrant to search after information of a particular Offence

See section 93

To _________ (name and designation of the Police Officer or other person or persons who is or are to execute to warrant).

WHEREAS complaint has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of _________ (mention the offence concisely), and it has been made to appear to me that the production of _________ (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);

This is to authorise and require you to search for the said _________ (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you done under it, immediately upon its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

Form No. 11 - Warrant to search suspected place of deposit

Form No. 11

Warrant to search suspected place of Deposit

See section 94

To _________ (name and designation of the Police Officer above the rank of a constable).

WHEREAS information has been laid before me, and do inquiry thereupon had, I have been led to believe that the _________ (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or is for either of the other purpose expressed in the section, state the purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or of the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instrument and materials which you may reasonable believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)