Section 104 BNSS: Disposal of things found in search beyond jurisdiction (Formerly Section 101 CrPC)

Section 104 of Bharatiya Nagarik Suraksha Sanhita, 2023: Disposal of things found in search beyond jurisdiction

Official Bare Act Text

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

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

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

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 104

Section 104 regulates the disposal of things found in a search beyond jurisdiction, directing that articles seized outside the issuing court's district shall immediately be taken before the court issuing the warrant, unless near a local Magistrate.

Search Outside Local Limits: Executed in a foreign district pursuant to an outside warrant.
Seizure of Property: Seizing documents, weapons, stolen property, or contraband.
Production Protocol: Must be taken immediately to the issuing court; if the local Magistrate is nearer, taken before the local Magistrate who makes an order authorizing carriage to the issuing court.

Key Landmark Precedents:

State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that property seized in outside jurisdictions must be documented through immediate transit inventory memos to prevent planting or pilferage.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: Reaffirmed the necessity of transparent custodial handovers across district borders.

Courtroom Practice & Strategic Litigation Guidance:

Check the panchnama and transit transit memo. If outside police seized cash or gold and carried it across state borders without producing it before the local Magistrate or issuing court, move for forensic inventory under Section 497 BNSS.