Sections 99, 100 and 101 CrPC: Search Warrants, Search of Closed Places and Disposal of Things Found

Sections 99, 100 and 101 of the Code of Criminal Procedure, 1973 formed part of the general provisions relating to searches. They regulated the manner in which search warrants were to be executed, the duties of persons in charge of closed premises, safeguards during a search, preparation of seizure lists and the procedure for dealing with property found outside the territorial jurisdiction of the Court issuing the warrant.

Applicable-law note: This article explains the CrPC provisions applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The CrPC was repealed by Section 531 of the BNSS, subject to the saving provisions contained in that section. The corresponding BNSS provisions are Sections 102, 103 and 104.

Section 99 CrPC - Direction of Search Warrants

Meaning: Section 99 extended specified general rules concerning warrants to search warrants issued under Sections 93, 94, 95 and 97 CrPC. Its purpose was to ensure that a search warrant was not treated as an isolated authority, but was executed subject to the relevant procedural safeguards governing warrants.

Section 99 in substance: The provisions of Sections 38, 70, 72, 74, 77, 78 and 79 CrPC applied, so far as may be, to search warrants issued under Section 93, Section 94, Section 95 or Section 97.

What Section 99 covered

  • Section 38 dealt with assistance to a person, other than a police officer, executing a warrant.
  • Section 70 dealt with the form and duration of a warrant of arrest.
  • Sections 72 and 74 dealt with the persons to whom warrants could be directed.
  • Sections 77, 78 and 79 dealt with execution of warrants at places within or outside the local jurisdiction of the issuing Court.

Accordingly, Section 99 connected the search-warrant provisions with the wider statutory framework governing execution of warrants.

Section 100 CrPC - Persons in Charge of Closed Place to Allow Search

Meaning: Section 100 prescribed the procedure for searching a closed place and incorporated safeguards intended to make the search transparent. It dealt with entry, search of persons, presence of independent witnesses, preparation of the seizure list and the right of the occupant to receive a copy.

1. Duty to permit entry and search

Where a place liable to search or inspection under the relevant Chapter was closed, the resident or person in charge was required, on demand and on production of the warrant, to permit free entry and provide reasonable facilities for the search.

2. Entry where access is refused

If entry could not be obtained, the person executing the warrant could proceed in the manner provided by Section 47(2) CrPC. That provision permitted entry by breaking open an outer or inner door or window after notification of authority and purpose and after a demand for admittance had been duly made but access could not otherwise be obtained.

3. Search of a person suspected of concealing an article

A person in or about the premises could be searched where there was reasonable suspicion that the person was concealing an article for which the search was being conducted. Where the person to be searched was a woman, the search had to be conducted by another woman with strict regard to decency.

4. Independent witnesses to the search

Before conducting the search, the officer or other person was required to call upon two or more independent and respectable inhabitants of the locality to attend and witness the search. If suitable inhabitants of that locality were unavailable or unwilling, inhabitants of another locality could be called. A written order could be issued requiring attendance.

5. Preparation and signing of the seizure list

The search had to be conducted in the presence of the witnesses. A list of the articles seized and the places where they were found was required to be prepared and signed by the witnesses. A search witness was not required to attend Court unless specially summoned.

6. Right of the occupant to remain present

The occupant of the searched place, or a person acting on the occupant's behalf, had to be permitted to attend during the search. A copy of the list signed by the witnesses was required to be delivered to the occupant or representative.

7. List of articles taken from a searched person

Where a person was searched under Section 100(3), a list of all things taken into possession had to be prepared and a copy supplied to that person.

8. Refusal to attend as a search witness

A person who, without reasonable cause, refused or neglected to attend and witness the search after a written order had been delivered or tendered was deemed under Section 100(8) CrPC to have committed an offence under Section 187 of the Indian Penal Code, 1860.

Section 101 CrPC - Disposal of Things Found in Search Beyond Jurisdiction

Meaning: Section 101 dealt with articles found while executing a search warrant outside the local jurisdiction of the Court that issued the warrant.

Where the searched articles were found beyond the local jurisdiction of the issuing Court, the articles and the prepared list were ordinarily to be taken immediately before that Court. If the place of search was nearer to the Magistrate having jurisdiction over that place, the articles and list were to be taken before that Magistrate instead. Unless there was good cause to the contrary, that Magistrate was to authorise their transmission to the Court that issued the warrant.

Practical Safeguards Under Sections 99 to 101 CrPC

  • A search warrant had to be executed within the statutory framework applicable to warrants.
  • Entry into closed premises required production of the warrant and a demand for access, subject to the law permitting forcible entry where lawful access was refused.
  • A personal search of a woman had to be conducted by another woman with strict regard to decency.
  • Independent and respectable witnesses were ordinarily to be associated with the search.
  • A contemporaneous list of seized articles and the places where they were found had to be prepared.
  • The occupant or representative was entitled to be present and receive a copy of the seizure list.
  • Special procedure applied when property was found outside the territorial jurisdiction of the issuing Court.

Position After 1 July 2024

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC with effect from 1 July 2024. For current procedure, Section 102 BNSS corresponds to the subject dealt with by Section 99 CrPC, Section 103 BNSS corresponds to Section 100 CrPC, and Section 104 BNSS corresponds to Section 101 CrPC. For proceedings, investigations, appeals or other matters connected with the period before commencement of the BNSS, the saving provision in Section 531 BNSS should also be examined.

Note: This page is an explanatory legal information article. The applicable procedural law depends on the date, nature and stage of the particular proceeding.