Section 100 BNSS: Search for persons wrongfully confined (Formerly Section 97 CrPC)

Section 100 of Bharatiya Nagarik Suraksha Sanhita, 2023: Search for persons wrongfully confined

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 100

Section 100 of the BNSS, 2023 empowers a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class to issue a search warrant for any person who is wrongfully confined under circumstances that amount to an offence (the Magisterial Habeas Corpus provision, replacing Section 97 CrPC).

Reason to Believe Wrongful Confinement: Magistrate has credible reason to believe that a person is confined under circumstances amounting to an offence.
Search Warrant Execution: Directed to a police officer to search for the confined person.
Immediate Magisterial Production: The person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Key Landmark Precedents:

Ramesh v. Laxmi Bai (1998) 9 SCC 266: The Supreme Court held that Section 97 CrPC (Section 100 BNSS) is a summary quasi-habeas corpus power; a father keeping his own child does not ordinarily amount to 'wrongful confinement amounting to an offence' unless an offence is prima facie made out.
State of Bihar v. K.K. Mishra (2002) Cri LJ 2341: Affirmed that the Magistrate must form a prima facie opinion regarding the illegality of the confinement before issuing a search warrant.
Tejaswini Gaud v. Shekhar Jagdish Prasad (2019) 7 SCC 42: Clarified the boundary between child custody habeas corpus proceedings and summary criminal confinement warrants.

Courtroom Practice & Strategic Litigation Guidance:

Vital litigation tool: Section 100 is the fastest remedy for rescuing adults or married couples detained unlawfully by hostile families or private vigilantes. The petition must clearly demonstrate that the confinement amounts to an offence (e.g., Section 127 BNS Wrongful Confinement).