Abstract

The legal procedure known as "search and seizure" has been employed by authorities in both civil and criminal cases for a significant period. Its primary purpose is to conduct a thorough examination of a person or a location to specifically locate and secure certain items, which are then taken into safe custody. Subsequently, these seized items are utilized as crucial evidence in court proceedings. Despite its seemingly straightforward nature, this clause holds vast implications and dimensions that warrant careful attention and consideration. In this paper, we aim to delve into the various 'search and seizure' provisions available under Indian law. Furthermore, we will scrutinize the challenges and issues these provisions present, critically analysing the procedural aspects of search and seizure in various countries. To enhance the comprehensiveness of our study, we will conduct an empirical analysis on the validity and efficacy of search and seizure practices in different nations. Through this comprehensive analysis, we hope to identify potential areas of improvement in the search and seizure procedures, enabling authorities to strike an optimal balance between individual rights and the interests of justice. Additionally, we seek to draw attention to the crucial role played by search and seizure evidence in court cases, emphasizing the need for its accurate and lawful acquisition. Overall, this paper endeavours to contribute to the existing body of knowledge on search and seizure, providing valuable insights for legal practitioners, scholars, and policymakers alike. By shedding light on the nuances and challenges of this critical legal process, we aim to promote a more equitable and effective approach to handling search and seizure cases worldwide.

Keywords