Section 96 BNSS 2023 - When Search Warrant May Be Issued
Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains when a Court may issue a search warrant for a document or thing, the permitted scope of the search or inspection, and the special restriction applicable to documents, parcels or other things in the custody of a postal authority.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its relevant provisions came into force on July 1, 2024. Section 96 appears in Chapter VII under the heading relating to search warrants.
Text of Section 96 BNSS - When Search Warrant May Be Issued
96. (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.
What Section 96 BNSS Means
Section 96 authorises a Court to issue a search warrant in situations where obtaining the required document or thing through an ordinary production process may not be effective, where its possessor is unknown, or where a general search or inspection is considered necessary for an inquiry, trial or other proceeding.
The provision is closely connected with Section 94 BNSS, which deals with summons or orders to produce documents or things, and Section 95 BNSS, which deals with documents, parcels or things in the custody of a postal authority.
Three Grounds for Issuing a Search Warrant
| Ground | Meaning |
|---|---|
| Likely non-production | The Court has reason to believe that a person addressed under Section 94 or Section 95(1) will not or would not produce the required document or thing. |
| Possessor unknown | The required document or thing is not known to the Court to be in the possession of any particular person. |
| General search or inspection needed | The Court considers that a general search or inspection will serve the purposes of an inquiry, trial or other proceeding under the BNSS. |
Scope of the Search Warrant
Under sub-section (2), the Court may limit the search warrant to a particular place or even a specified part of a place. When the warrant is so restricted, the person executing it must confine the search or inspection to the location stated in the warrant.
Special Rule for Postal Articles
Sub-section (3) imposes an important jurisdictional restriction. A warrant to search for a document, parcel or other thing in the custody of a postal authority may be granted only by a District Magistrate or Chief Judicial Magistrate. Other Magistrates are not authorised by Section 96 to grant such a warrant.
Key Features of Section 96 BNSS
- A search warrant is issued by a Court when one of the conditions in Section 96(1) is satisfied.
- The Court may act where compliance with a production summons or requisition is unlikely.
- A warrant may also be issued where the person possessing the document or thing is unknown.
- A general search or inspection may be authorised when it serves the purposes of an inquiry, trial or other proceeding.
- The Court may restrict the warrant to a particular place or part of a place.
- Only a District Magistrate or Chief Judicial Magistrate may grant a search warrant for documents, parcels or things in postal custody.
Related Search Warrant Provisions
Section 96 is the general search warrant provision in this part of the BNSS. It should be read with the following provisions, including Section 97 BNSS on searches of places suspected to contain stolen property or certain objectionable articles, and Section 98 BNSS on forfeited publications and related search warrants.
Official Legal Resources
For the authoritative statutory text and commencement notification, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs commencement notification.
This page is intended for general legal information. For case-specific advice or procedural strategy, consult a qualified legal professional.