Definition
Raiding and confiscation.
Authorized search of premises and seizure of documents.
Statutory Definition
BNSS and PMLA.
Etymology & Origin
Derived from core criminal investigative powers; 'search' being the examination of a place for evidence, and 'seizure' the act of taking legal possession of that evidence.
Full Legal Analysis
Search and Seizure refers to the coercive powers granted to investigative agencies (like the Police, CBI, Income Tax Department, and ED) to enter premises, examine records, and take physical possession of documents, cash, or digital devices relevant to an investigation.
Because this action fundamentally infringes upon a citizen's right to privacy and property, it is heavily regulated by statutory procedures, requiring warrants or strictly recorded 'reasons to believe' before execution.
During a search, the preparation of a 'Panchnama' (a seizure memo witnessed by independent persons) is a mandatory legal requirement to establish the authenticity of the recovery.
The Supreme Court strictly held that the power of freezing bank accounts or seizing assets under PMLA must be preceded by strict compliance with procedural safeguards, including the recording of written reasons.
For defence counsel, scrutinizing the search warrant, the recorded reasons, and the presence of independent Panches (witnesses) are the primary methods to challenge the legality of the seizure during trial.
This Term in Indian Statutes
Bharatiya Nagarik Suraksha Sanhita, 2023, 2023
"When search warrant may be issued."
General criminal law provision for judicial authorization of a search.
Prevention of Money Laundering Act, 2002, 2002
"Power of search and seizure by authorized officers based on recorded reasons to believe."
Special statute power allowing ED searches without prior judicial warrants.
