CrPC 100 to BNSS 103: Persons in charge of closed place to allow search
Section 100 CrPC (1973) replaced by Section 103 BNSS (2023)
CrPC 100 to BNSS 103 at a Glance
Section 100 CrPC (Persons in charge of closed place to allow search) is now Section 103 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 100 to BNSS 103?
Section 103 BNSS has the same heading and the same text as Section 100 CrPC, from 1 July 2024. Each sub-section of Section 100 CrPC is found in the matching sub-section of Section 103 BNSS. Section 103(2) BNSS refers to Section 44(2) BNSS where Section 100(2) CrPC referred to Section 47(2) CrPC. Section 103(8) BNSS refers to Section 222 of the Bharatiya Nyaya Sanhita, 2023 where Section 100(8) CrPC referred to Section 187 of the Indian Penal Code.
CrPC 100 vs BNSS 103: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 100 | 103 |
| Heading | Persons in charge of closed place to allow search | Same |
| Sub-sections | 8 sub-sections | Same |
| Cross-references | s.47 | s.44 |
CrPC 100 and BNSS 103: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 100, CrPC 1973
100. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).
BNSS 2023 (in force)
Section 103, BNSS 2023
103. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.
(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.
When It Applies: CrPC 100 vs BNSS 103
Under CrPC 100
- A person residing in, or in charge of, the closed place shall, on demand of the officer or other person executing the warrant and on production of the warrant, allow free ingress and afford all reasonable facilities for a search.
- If ingress cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by Section 47(2) CrPC.
- A person in or about the place who is reasonably suspected of concealing about the person any article for which search should be made may be searched. If that person is a woman, another woman shall make the search with strict regard to decency.
- Before making a search under the Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality to attend and witness the search.
- The search shall be made in the presence of the witnesses. The officer or other person shall prepare a list of all things seized and of the places in which they are found, and the witnesses shall sign it.
- The occupant of the place searched, or some person on behalf of the occupant, shall in every instance be permitted to attend during the search. A copy of the list, signed by the witnesses, shall be delivered to the occupant or that person.
- When a person is searched under Section 100(3) CrPC, a list of all things taken possession of shall be prepared, and a copy shall be delivered to that person.
- A person who, without reasonable cause, refuses or neglects to attend and witness a search when called upon by an order in writing delivered or tendered to the person shall be deemed to have committed an offence under Section 187 of the Indian Penal Code.
Under BNSS 103
- A person residing in, or in charge of, the closed place shall, on demand of the officer or other person executing the warrant and on production of the warrant, allow free ingress and afford all reasonable facilities for a search.
- If ingress cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by Section 44(2) BNSS.
- A person in or about the place who is reasonably suspected of concealing about the person any article for which search should be made may be searched. If that person is a woman, another woman shall make the search with strict regard to decency.
- Before making a search under the Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality to attend and witness the search.
- The search shall be made in the presence of the witnesses. The officer or other person shall prepare a list of all things seized and of the places in which they are found, and the witnesses shall sign it.
- The occupant of the place searched, or some person on behalf of the occupant, shall in every instance be permitted to attend during the search. A copy of the list, signed by the witnesses, shall be delivered to the occupant or that person.
- When a person is searched under Section 103(3) BNSS, a list of all things taken possession of shall be prepared, and a copy shall be delivered to that person.
- A person who, without reasonable cause, refuses or neglects to attend and witness a search when called upon by an order in writing delivered or tendered to the person shall be deemed to have committed an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023.
What CrPC 100 to BNSS 103 Means in Practice
The text of Section 100 CrPC is found in Section 103 BNSS from 1 July 2024. The wording is the same, apart from the renumbered cross-references.
FAQs: CrPC 100 to BNSS 103
Did the text of Section 100 CrPC change in Section 103 BNSS?▼
Section 103 BNSS has the same heading and the same text as Section 100 CrPC. The differences are the two cross-references, set out in the changes above.
Which sub-sections of Section 103 BNSS match Section 100 CrPC?▼
Section 100(1) CrPC is found in Section 103(1) BNSS. Section 100(2) CrPC is found in Section 103(2) BNSS. Section 100(3) CrPC is found in Section 103(3) BNSS. Section 100(4) CrPC is found in Section 103(4) BNSS. Section 100(5) CrPC is found in Section 103(5) BNSS. Section 100(6) CrPC is found in Section 103(6) BNSS. Section 100(7) CrPC is found in Section 103(7) BNSS. Section 100(8) CrPC is found in Section 103(8) BNSS.
Which cross-references differ between Section 100 CrPC and Section 103 BNSS?▼
Section 100(2) CrPC referred to Section 47(2) CrPC, and Section 103(2) BNSS refers to Section 44(2) BNSS. Section 100(8) CrPC referred to Section 187 of the Indian Penal Code, and Section 103(8) BNSS refers to Section 222 of the Bharatiya Nyaya Sanhita, 2023.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·