Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes procedures and responsibilities related to searches conducted under a warrant, particularly when the premises are closed or unoccupied
📜 Legal Provision
Section 103 outlines the following:
Access to Closed Premises: If a place subject to search is closed, the person residing in or in charge of the place must, upon demand and presentation of the warrant, allow free entry and provide reasonable facilities for the search.
Alternative Access Methods: If entry cannot be obtained, the officer may proceed as per the provisions of sub-section (2) of section 44.
Search of Suspected Individuals: If a person in or near the place is reasonably suspected of concealing items relevant to the search, they may be searched. If the person is a woman, the search must be conducted by another woman with strict regard to decency
Witnesses to the Search: Before conducting the search, the officer must call upon two or more independent and respectable inhabitants of the locality to witness the search. If no such inhabitants are available or willing, the officer may seek witnesses from another locality.
Documentation of Seized Items: The search must be conducted in the presence of the witnesses, and a list of all items seized, along with their locations, must be prepared and signed by the witnesses. Witnesses are not required to attend court unless specially summoned
Right to Attend the Search: The occupant or their representative must be permitted to attend the search. A copy of the list of seized items, signed by the witnesses, must be delivered to them.
Documentation of Personal Searches: If an individual is searched under sub-section (3), a list of all items taken must be prepared, and a copy must be provided to the individual.
Offense for Non-Compliance: Any person who, without reasonable cause, refuses or neglects to attend and witness a search when ordered to do so, shall be deemed to have committed an offense under section 222 of the Bharatiya Nyaya Sanhita, 2023.
⚖️ Legal Context
Section 103 of the BNSS, 2023 corresponds to provisions in the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) that govern searches and seizures. It emphasizes the importance of transparency, accountability, and respect for individual rights during the execution of search warrants.
In summary, Section 103 ensures that searches are conducted lawfully, with due regard for the rights of individuals and the necessity of proper documentation and witness involvement.
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