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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VII: Processes To Compel The Production Of Things

Section 103 BNSS: Persons in charge of closed place to allow search

Corresponding CrPC
Section 100 CrPC

Bare Act text

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a place liable to search under this Chapter is closed, a person residing in or in charge of it must, on demand and production of the warrant, allow free ingress and reasonable facilities for search. If ingress cannot be obtained, the executing officer may proceed as in section 44(2). A person reasonably suspected of concealing an article about his person may be searched, and a woman is searched by another woman with strict regard to decency. Before searching, the officer calls two or more independent and respectable local inhabitants, or others if none are available or willing, to witness it. The search is made in their presence, a list of things seized and where found is prepared and signed by the witnesses, who need not attend Court unless summoned. The occupant or a person on his behalf may attend and receives a signed copy of the list, and a person searched receives a list of things taken. Refusing without reasonable cause to witness after written order is an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.

Chapter VII: Processes To Compel The Production Of Things

  1. 94 Summons to produce document or other thing
  2. 95 Procedure as to letters
  3. 96 When search-warrant may be issued
  4. 97 Search of place suspected to contain stolen property, forged documents, etc
  5. 98 Power to declare certain publications forfeited and to issue search-warrants for same
  6. 99 Application to High Court to set aside declaration of forfeiture
  7. 100 Search for persons wrongfully confined
  8. 101 Power to compel restoration of abducted females
  9. 102 Direction, etc., of search-warrants
  10. 103 Persons in charge of closed place to allow search
  11. 104 Disposal of things found in search beyond jurisdiction
  12. 105 Recording of search and seizure through audio video electronic means
  13. 106 Power of police officer to seize certain property
  14. 107 Attachment, forfeiture or restoration of property
  15. 108 Magistrate may direct search in his presence
  16. 109 Power to impound document, etc., produced
  17. 110 Reciprocal arrangements regarding processes