Search Warrant under BNSS 2023 Sections 96 to 103 Explained
BNSS 2023 Search Warrant and Search Procedure Explained
A Court or Magistrate may issue a search warrant in several specific situations under the BNSS when production of documents, discovery of articles, or rescue of persons cannot be ensured through ordinary summons or when public interest requires urgent search.
Below are the four major circumstances in which search warrant may be issued :
1. When a Person is Unlikely to Produce Documents or Things (General Search Warrant) - Section 96
A Court may issue a search warrant when:
a) Summoned Person Will Not Produce Document or thing
When the Court has reason to believe that a person to whom a summons (Sec. 94) or requisition (Sec. 95) has been or might be issued will not produce the required document or thing.
b) Document/Thing Not Known to Be in Anyone’s Possession
If the Court does not know in whose possession the document or thing lies.
c) Purpose of Inquiry/Trial Requires a General Search
When a general search or inspection is necessary for the purposes of inquiry, trial, or proceedings.
(In case a warrant to search for a document, parcel or other thing is in the custody of the postal authority, such search warrant shall be issued by District Magistrate or Chief Judicial Magistrate).
2. Search of Places Suspected for Stolen Property or Objectionable Articles - Section 97
A District Magistrate, Sub-Divisional Magistrate, or Magistrate of First Class may issue a search warrant when he has reason to believe, after inquiry, that :
- A place is used for the deposit or sale of stolen property, or
- deposit, sale, or production of objectionable articles
The Magistrate may issue a warrant authorising a police officer above the rank of constable to search the premises.
3. Search of Obscene / Illegal Publications (Newspapers, Books, Documents) forfeited to Government - Section 98
- The State Government may declare a publication forfeited if it contains matter punishable under sections 152, 196, 197, 294, 295, 299 of BNS.
- After such declaration, any Magistrate may issue a warrant authorising a police officer not below the rank of Sub-Inspector to enter and search any premises where copies of such newspaper/book/document may be or may be reasonably suspected to be.
4. Search for Wrongfully Confined Persons - Section 100
A District Magistrate, Sub-Divisional Magistrate, or Magistrate of First Class may issue a search warrant if he has reason to believe that any person is confined under circumstances such that the confinement amounts to an offence.
Is the power to issue search warrant wider under BNSS?
Compare the circumstances and safeguards carefully—this is a common area where aspirants mix up BNSS provisions with the CrPC approach.
Procedure for Conducting a Search - Sec. 103
1. Duty to Allow Free Ingress (Entry) into the Place
When the place to be searched is closed, any person residing in or in charge of that place must allow the officer executing the warrant free entry on demand and on production of the warrant and must provide reasonable facilities for the search.
2. Power to Break Open if Entry is Denied
If entry cannot be obtained peacefully, the officer may act as per Section 44(2). It empowers the officer to break open the door or barrier to execute the warrant lawfully.
3. Search of Persons Present at the Location
If anyone present is reasonably suspected of concealing any article that needs to be searched, that person may be personally searched. If the person is a woman, the search must be conducted by another woman with strict regard to decency.
- When any person is searched, a list of all items seized from that person must be prepared. A copy of that list must be delivered to that person.
4. Mandatory Presence of Independent Witnesses
Before starting the search the officer must call two or more independent and respectable inhabitants of the locality, or any nearby locality if no witness is available or willing.
Penalty for Refusing to Witness Search
If a person, without reasonable cause, refuses or neglects to attend as a witness (even after written order) is considered to commit an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023.
Search Must Be Conducted in Presence of Witnesses
After search, a list of all items seized and their exact location must be prepared. The list must be signed by the witnesses.
5. Right of Occupant to Attend the Search
The occupant of the house or place, or a person on his behalf must be permitted to be present throughout the search. A signed copy of the seizure list must be given to the occupant.
