Section 108

Normally, when a search is needed, a Magistrate issues a warrant authorising police or another officer to carry it out. But sometimes the Magistrate may feel that a search is sensitive or important enough that it should not be left entirely to others — for example, to prevent tampering with evidence, to ensure fairness, or to personally verify what is found. This provision, carried over from the old Code of Criminal Procedure's Section 103, gives Magistrates the option to supervise a search directly rather than delegating it entirely through a warrant.

There is no major landmark judgment interpreting this narrow provision in isolation, since it simply extends a Magistrate's existing warrant power to also allow personal presence. Courts have generally treated it as a safeguard provision — read alongside the broader body of search-and-seizure law, which requires that searches (whether by warrant or in the Magistrate's presence) follow proper procedure, respect the rights of the person whose property is searched, and be properly documented, so that any evidence gathered remains legally reliable.

• Myth: Only police officers are allowed to conduct searches; Magistrates never get personally involved.
  Fact: This section specifically allows a Magistrate to be present and direct a search himself, if he already has the power to issue a warrant for that place.
• Myth: A Magistrate must always issue a written warrant before any search happens.
  Fact: Under this provision, the Magistrate can skip a separate warrant and instead personally direct the search while present, using the same authority he would otherwise use to issue one.