Section 102 BNSS 2023: Direction, etc., of Search Warrants
Updated: 10 September 2026
Section 102 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") is a procedural provision governing the direction and execution of specified search warrants. It makes selected rules applicable to search warrants issued under Sections 96, 97, 98 and 100 of the BNSS.
Text of Section 102 BNSS
102. Direction, etc., of search-warrants.
The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.
Meaning and Scope of Section 102
Section 102 does not itself create a separate power to issue a search warrant. Instead, it connects search warrants issued under specified provisions of Chapter VII with procedural rules that otherwise deal with the execution and direction of warrants. The words "so far as may be" indicate that those rules apply to a search warrant to the extent that they are relevant and capable of application.
In practical terms, once a search warrant is issued under Section 96, 97, 98 or 100, the applicable rules concerning persons executing warrants, the direction of warrants, territorial execution and execution outside jurisdiction are attracted through Section 102.
Sections Applied to Search Warrants by Section 102
| BNSS Section | Provision | Relevance under Section 102 |
|---|---|---|
| Section 32 | Aid to person, other than police officer, executing warrant | Extends the statutory rule concerning assistance to a person who is lawfully executing a warrant. |
| Section 72 | Form of warrant of arrest and duration | Applies relevant warrant-form and continuing-validity principles, so far as they can operate in relation to a search warrant. |
| Section 74 | Warrants to whom directed | Supplies rules concerning the authority or person to whom a warrant may be directed. |
| Section 76 | Warrant directed to police officer | Applies the relevant rules where execution is entrusted to a police officer. |
| Section 79 | Where warrant may be executed | Provides the territorial rule relevant to execution of the warrant. |
| Section 80 | Warrant forwarded for execution outside jurisdiction | Governs the procedure, where applicable, when execution is required outside the issuing Court's local jurisdiction. |
| Section 81 | Warrant directed to police officer for execution outside jurisdiction | Provides the corresponding procedure where a police officer is to execute the warrant outside jurisdiction. |
Search Warrants Covered by Section 102
- Section 96 - When search-warrant may be issued: the general statutory provision authorising a Court to issue a search warrant in the circumstances specified by that section.
- Section 97 - Search of place suspected to contain stolen property, forged documents, etc.: deals with search of places falling within the conditions stated in the provision.
- Section 98 - Power to declare certain publications forfeited and to issue search-warrants for same: concerns forfeiture of specified publications and search warrants connected with such forfeiture.
- Section 100 - Search for persons wrongfully confined: empowers the competent Magistrate to issue a search warrant where the statutory conditions concerning wrongful confinement are satisfied.
Key legal effect
Section 102 is therefore a linking provision. It standardises important aspects of warrant execution for the four categories of search warrants specifically named in the section, without requiring each search-warrant provision to repeat those procedural rules.
Chapter VII Context
Section 102 appears in Chapter VII of the BNSS, which deals with processes to compel the production of things. Within that framework, Sections 96 to 102 deal with search warrants, while the following provisions contain general and related rules governing searches, seizure and production.
Commencement of the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received Presidential assent on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification.
Related BNSS Sections
- Section 101 - Power to compel restoration of abducted females
- Section 103 - Persons in charge of closed place to allow search
- Section 104 - Disposal of things found in search beyond jurisdiction
- Section 105 - Recording of search and seizure through audio video electronic means
- Section 106 - Power of police officer to seize certain property
- Section 107 - Attachment, forfeiture or restoration of property
- Section 108 - Magistrate may direct search in his presence
- Section 109 - Power to impound document, etc., produced
- Section 110 - Reciprocal arrangements regarding processes
Official legal resources: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 | Ministry of Home Affairs - New Criminal Laws. Readers should verify the current text, notifications and applicable judicial decisions from official sources before relying on this material in a legal proceeding.