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Report No. 43

7.93. Magistrates' power of issuing search-warrants compared.-

As regards question (a)1, it may be pointed out that the Magistrates' power under the Code is limited to cases where there is a proceeding pending or imminent2. Section 11(1), Official Secret Act, on the other hand, contains no such restriction.3 Where an offence has been committed, section 11(1) applies even if cognizance has not yet been taken and is not about to be taken. Further, as regards cases where an offence is likely to be committed, there is no overlapping between the Code and section 11, Official Secrets Act, because the Code does not apply.4

1. Para. 7.92, above.

2. That is the result of existing section 96, Cr PC and the judicial construction of that section.

3. See para. 7.88, above.

4. See para. 7.88, above.

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