BNSS Section 97: Search of place suspected to contain stolen property, forged documents, etc
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 7: PROCESSES TO COMPEL THE PRODUCTION OF THINGS (A.—Summons to produce, B.—Search-warrants, C.—General provisions relating to searches, D.—Miscellaneous)
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97.
(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).
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 94. Summons to produce document or other thing
- 95. Procedure as to letters
- 96. When search-warrant may be issued
- 98. Power to declare certain publications forfeited and to issue search-warrants for same
- 99. Application to High Court to set aside declaration of forfeiture
- 100. Search for persons wrongfully confined
- 101. Power to compel restoration of abducted females
- 102. Direction, etc., of search-warrants
- 103. Persons in charge of closed place to allow search
- 104. Disposal of things found in search beyond jurisdiction
- 105. Recording of search and seizure through audio-video electronic means
- 106. Power of police officer to seize certain property
- 107. Attachment, forfeiture or restoration of property
- 108. Magistrate may direct search in his presence
- 109. Power to impound document, etc., produced
- 110. Reciprocal arrangements regarding processes