Amendment status not verified — confirm the current text below against the official source.
Illegal Search. - There is a set and exhaustive procedure laid down for the conduct of search and raids under the Criminal Procedure Code which are required to be followed by Searching Officers though not strictly in every case but in general failure to follow the procedure may render the search/raids illegal and prosecution may fall on this simple ground. Search may be illegal but accused can still be convicted if the other evidence against him is conclusive. Where the failure to comply with the procedure laid down for the purpose of conduct of search/raids amounts to rendering the other evidence unsatisfactory to prove the recovery actually from the possession of the accused, conviction cannot be sustained. Failure to comply with the provisions of Section 103 of Cr.P.C. will not be fatal unless the accused is not produced in any manner. But where even a slightest doubt is created for which the accused may be a victim of irregularity on the part of the Raiding Party, the court of justice must give full benefit of doubt to the accused. Though the evidence regarding irregularity during search is admissible but the trial cannot vitiated on this ground alone. It may create doubt regarding search but where there is a reliable and convincing evidence of recovery, conviction can be passed thereon. Search conducted without jurisdiction creates suspicion. Prosecution passed on solitary evidence of Investigating Officer. Court can reject such evidence.