Section 97 BNSS: Search of place suspected to contain stolen property, forged documents, etc (Formerly Section 94 CrPC)

Section 97 of Bharatiya Nagarik Suraksha Sanhita, 2023: Search of place suspected to contain stolen property, forged documents, etc

Official Bare Act Text

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

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—

(a) to enter, with such assistance as may be required, such place;

(b) to search the same in the manner specified in the warrant;

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Legal Commentary & Landmark Judgments: Section 97

Section 97 empowers a District Magistrate, Sub-Divisional Magistrate, or Magistrate of the first class to issue a search warrant for places suspected to contain stolen property, forged documents, counterfeit coins, currency, or obscene objects.

Competent Magistrate: DM, SDM, or Magistrate of the first class acting upon information and inquiry.
Reason to Believe: Reason to believe that the place is used for deposit or sale of stolen property, counterfeit currency, stamps, forged documents, or offensive weapons.
Search & Seizure Powers: Authorizes police officers above the rank of constable to enter, search, seize, and arrest persons found in the place.

Key Landmark Precedents:

V.S. Kuttan Pillai v. Ramakrishnan (1980) 1 SCC 264: The Supreme Court held that issuance of a search warrant under Section 94 CrPC (Section 97 BNSS) does not violate Article 20(3) (right against self-incrimination), as a search is a process of exploration rather than compelled oral testimony.
State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that search warrants for counterfeit currency or stolen goods must be supported by recorded information justifying reasonable belief.

Courtroom Practice & Strategic Litigation Guidance:

In challenge to a premises raid, inspect the underlying information and magistrate's order sheet. The magistrate must record subjective satisfaction based on credible intelligence before issuing the warrant.