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BNSS, 2023
Start Practicing
BNSSChapter VIISection 102
Section102

Direction, etc., of search-warrants

AI Assist

Summary

Procedural rules from certain earlier provisions apply, so far as possible, to all search-warrants issued under the other search powers. That means the same formalities about issuing, executing and returning a warrant govern those searches unless they cannot reasonably be applied. Consequence: police must follow those procedural safeguards when carrying out such warrants.

Example

Ravi's neighbour reports stolen stock and police obtain a warrant under a different search power to check his shop. The procedural rules from the earlier provisions apply, so officers must follow the prescribed formalities like making an inventory and returning the warrant with a report. If they skip those steps, the search may be challenged later.

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Enacted text

The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.

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VII

Chapter VII

Processes to Compel The Production of Things

In this chapter

  • 94Summons to Produce document or other thing
  • 95Procedure as to letters
  • 96When searchwarrant may be issued
  • 97Search of place suspected to contain stolen property, forged documents, etc
  • 98Power to declare certain publications forfeited and to issue searchwarrants for same
  • 99Application to High Court to set aside declaration of forfeiture
  • 100Search for Persons wrongfully confined
  • 101Power to compel restoration of abducted females
  • 102Direction, etc., of search-warrants
  • 103Persons in charge of closed place to allow search
  • 104Disposal of things found in search beyond jurisdiction
  • 105Recording of search and seizure through audio video electronic means
  • 106Power of police officer to seize certain property
  • 107Attachment, forfeiture or restoration of property
  • 108Magistrate may direct search in his presence
  • 109Power to impound document, etc., produced
  • 110Reciprocal arrangements regarding processes
Previous · Section 101Power to compel restoration of abducted femalesNext · Section 103Persons in charge of closed place to allow search