Section 96 BNSS: When search-warrant may be issued (Formerly Section 93 CrPC)

Section 96 of Bharatiya Nagarik Suraksha Sanhita, 2023: When search-warrant may be issued

Official Bare Act Text

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

(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.

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

Charge Sec 2(1)(b) Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 96

Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the issuance of search-warrants by criminal courts to discover documents, things, or places.

Judicial Restriction of Search Warrants: Section 96 empowers the Court issuing a search warrant to restrict its territorial scope and execution to a specified place or portion of premises.
Execution Limits & Safeguards: When a restricted warrant is issued, the executing police officer is legally bound to confine the search strictly to the designated area and cannot search beyond those precise boundaries.

Key Landmark Precedents:

V.S. Kuttan Pillai v. Ramakrishnan (1980) 1 SCC 264: The Supreme Court held that issuing a search-warrant requires judicial application of mind; a search-warrant is not an arbitrary tool and cannot be issued on mere police requisition without objective justification.
M.P. Sharma v. Satish Chandra (AIR 1954 SC 300): Affirmed that search and seizure under judicial warrant does not violate Article 20(3), as a search is an investigative process and not testimonial compulsion.

Legal Commentary:

Section 96 balances state investigative efficacy with privacy rights. An application for a search-warrant must demonstrate that voluntary summons would be futile, and defense counsel can challenge general or roving search warrants as an abuse of process.