September 30, 2020

SECP Releases New Search And Seizure Rules, 2019

According to the new rules of SECP introduced on Thursday, 4th of July 2019, the investing officials (IOs) of SECP can enter any premises by force and can demand any documentation that they require. They can also seek the help of law enforcement agencies where necessary.

According to the new rules, the investigating official, after taking permission from the commission, can search any place he deems necessary and can ask help from law enforcement agencies as well.

The IOs can also cordon off the scene and let only authorized personal inside, he may take photographs of any evidence that he thinks is necessary and even take in possession any movable property.

It has said that an investigation officer must identify himself before starting the search and can call the female staff on sight if necessary.

The items seized during the raid would have to be returned to the owner, but if the items are required for further investigation then the IOs can keep them in custody for as long as required for the investigation.

On the other hand, the owner of any entity being searched by the officials have the right to ask for authorization and identification from the officials, he can stay with the officer during the search and can even request a copy of the statement recorded during the investigation.

Furthermore, if a person resists or does not comply with the rules, then that person shall be punished in accordance with Section 40-A of the SECP Act.

Add comment