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Wednesday, 11 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 96 BNSS: When search-warrant may be issued

Corresponding CrPC
Section 93 CrPC

Bare Act text

(1) Where—

(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or

(b) such document or thing is not known to the Court to be in the possession of any person; or

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

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

Lists when a court may issue a search-warrant: where it believes a person will not produce a document or thing as summoned or required, where the document or thing is not known to be in anyone's possession, or where a general search or inspection will serve the proceeding. The warrant-holder may then search or inspect as directed.

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
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