The Warrant Clause Conundrum
constitutional clat_ug intermediate concept_confusionI'm just so done with this Constitutional Law stuff. Section 74 of the Indian Evidence Act, specifically, is giving me headaches. I mean, isn't it just a bit weird that the Warrant Clause doesn't actually mandate a warrant for searches? Like, isn't the whole point of a warrant to prevent arbitrary searches and seizures? But no, it says that a warrant is required, except when it's not required, under Section 93 of the C.P.C. I mean, seriously, can someone explain to me why this is a thing? And don't even get me started on how this intersects with Article 20(3) of the Constitution. It's like, what's the point of having a Warrant Clause if it's just going to be a mere formality? Am I missing something here?
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Additional_Info: Kya yah pata hai, Warrant Clause ke baare mein bahut sawal uth rahe hain? Yeh clause aapke Fundamental Rights ko protect karta hai. Lekin kuch baat hai jo thoda complex hai. Yeh clause kahaan se shuru hota hai? Warrant Clause ke under, law enforcement agencies ko kisi bhi vyakti ke ghar ki daakhil karne ke liye warrant mangani padati hai.