Report No. 37
242. Section 94(3) and Bankers' Books.-
The position regarding applicability of the Bankers' Books etc. Act1 to a summons issued under section 94 of the Code was examined by us in some detail. Our views are as follows:-
(a) as regards inquiries or trials, there is uncertainty as to whether the Bankers' Books Evidence Act overrides the general provisions of section 94. This uncertainty should be removed.
(b) as regards investigations, the Bankers' Books etc. Act does not, at present, apply at all. There is no reason why it should not extend to investigations.
1. The Bankers' Books Evidence Act, 1891 (18 of 1891).
243. We, therefore, recommend that-
(i) Section 94(3) be amended so as to provide that nothing in the section shall affect the Bankers' Books etc. Act.
(ii) In the Bankers' Books etc. Act, a new section-section 6A should be inserted to extend that Act to investigations.1
1. To be carried out under the Bankers' Books etc. Evidence Act, 1891.
244. Section 95.-
With reference to section 96, it has been suggested1 that powers be given to the Superintendent or Commissioner of Police to require delivery of postal articles, and that power be given to the Deputy Superintendent of Police to order detention, of such articles. We are not able to accept the suggestion. The District Magistrate, being the head of the administration, should have this power, but it is not desirable to give the power to police officers.
1. F. 27(3)/55-Judl. II (Home Ministry File), Appendix I, Item 15.
245. In section 95, it will be necessary to add "the Chief Judicial Magistrate."
246. Section 96.-
Under section 96, the question of its applicability to the accused has been already discussed.1
In section 96(2), it is necessary to add the Chief Judicial Magistrate.
1. See discussion under section 94, supra.
247. Section 96(1) and officers to whom search warrant should be directed.-
The following suggestion1 has been made by the Administration of a Union Territory:
"Section 96(1) may be amended to specify the status or the rank of the officers to whom search-warrant is to be directed, and that officer should not be below the rank of Inspector of police."
We have considered the suggestion.
From the Fifth Schedule, Form No. 8 (Form prescribed for search-warrant under section 96), it would appear, that the warrant under section 96 can be given to any "police officer or other person or persons." Section 98(1), and Fifth Schedule, Form No. 9 may be contrasted, under which the search-warrant can be issued only to a police officer above the rank of constable.
We, however, think that no such rigid provision is called for, in relation to warrants under section 96.
1. F. No. 3(2)/55-L.C., Pt. III, S. No. 21.
248. Section 97.- No change is needed in section 97.
249. Section 98.- In section 98, the following points have been considered:
(i) After "District Magistrate", "Chief Judicial Magistrate" be added.
(ii) Amendment of section 523 is necessary,1 to provide for the action to be taken on articles seized under section 98.
(iii) The question whether, in section 98(1)(d) and (e), it is necessary to add, after the word "Magistrate", the words "issuing the warrant", was considered, with reference to the form in the Fifth Schedule (Form of "Warrant of search of suspected place of deposit"). That is the intention of the section. But there may be cases where it may be necessary to take the property to a Magistrate other than the Magistrate issuing the warrant, where the circumstances so require. In such cases, it would be possible to adapt the warrant. The section need not be made rigid in this respect.
1. To be considered under section 523.
250. Section 98(2).-
In section 98(2)(a), reference to the new Customs Act, 1962, may be substituted.
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