Section 108 BNSS: Magistrate May Direct Search in His Presence

Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives a Magistrate the power to direct that a search be carried out in the Magistrate's presence where the Magistrate is legally competent to issue a search-warrant for that place. The provision forms part of the BNSS framework governing searches, seizure and related judicial powers.

Section 108 - Magistrate may direct search in his presence 108. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

Meaning and Scope of Section 108 BNSS

The section confers a limited procedural power on a Magistrate. It does not create an unrestricted power to search any premises. The statutory condition is that the Magistrate must already be competent under the BNSS to issue a search-warrant for the place concerned.

Where that jurisdictional condition is satisfied, the Magistrate may direct that the search be conducted in the Magistrate's presence. The word "may" indicates a discretionary judicial power, to be exercised according to the circumstances of the case and the applicable provisions governing search-warrants.

Essential Requirements

The direction must be made by a Magistrate.
The proposed search must relate to a place for which that Magistrate is competent to issue a search-warrant.
The Magistrate may require the search to take place in the Magistrate's presence.
The provision should be read with the other BNSS provisions governing the issue, execution and recording of searches.

Why the Magistrate's Presence Matters

A search carried out in the presence of a Magistrate can provide direct judicial supervision over the manner in which the search is conducted. Section 108 itself does not prescribe a separate search procedure; therefore, the general statutory safeguards and procedural requirements applicable to the particular search continue to govern the exercise.

Related BNSS Provisions

Section 108 sits within a sequence of provisions dealing with searches, seizure and property. Relevant nearby provisions include Section 102 on direction and execution of search-warrants, Section 103 on access to a closed place for search, Section 104 on disposal of things found beyond jurisdiction, Section 105 on audio-video recording of search and seizure, Section 106 on seizure of certain property, and Section 107 on attachment, forfeiture or restoration of property.

Corresponding Provision Under the Code of Criminal Procedure, 1973

Section 108 BNSS substantially carries forward the rule previously contained in Section 103 of the Code of Criminal Procedure, 1973, which likewise empowered a Magistrate to direct a search in the Magistrate's presence where the Magistrate was competent to issue the relevant search-warrant.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry linked to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. For current criminal procedure, Section 108 BNSS should therefore be read as part of the operative BNSS framework.

Practical Legal Effect

In practical terms, Section 108 allows a competent Magistrate to place the execution of a lawful search under direct judicial observation. The provision does not itself dispense with the need for legal competence to authorize the search, nor does it override procedural safeguards prescribed elsewhere in the BNSS.

Official Legal Sources

For the authoritative statutory text and current government material, readers may consult India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.

Last reviewed: 10 September 2026.