CrPC 93→BNSS 96

CrPC 93 to BNSS 96: When search-warrant may be issued

Section 93 CrPC (1973) replaced by Section 96 BNSS (2023)

View CrPC Section 93 →View BNSS Section 96 →

CrPC 93 to BNSS 96 at a Glance

Section 93 CrPC (When search-warrant may be issued) is now Section 96 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 93 to BNSS 96?

Section 96(3) BNSS speaks of the custody of the postal authority where Section 93(3) CrPC spoke of the custody of the postal or telegraph authority. Section 96(1)(a) BNSS reads a summons order where Section 93(1)(a) CrPC read a summons or order, and refers to Section 94 BNSS and Section 95(1) BNSS where Section 93(1)(a) CrPC referred to Section 91 CrPC and Section 92(1) CrPC. Section 96(1)(c) BNSS reads under this Sanhita where Section 93(1)(c) CrPC read under this Code. Section 96(1) BNSS opens with the word Where before its clauses, a change of layout. The power in Section 96(2) BNSS and the persons named in Section 96(3) BNSS are in the same words.

CrPC 93 vs BNSS 96: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section9396
HeadingWhen search-warrant may be issuedSame
Sub-sections3 sub-sectionsSame
Cross-referencess.91, s.92s.94, s.95

CrPC 93 and BNSS 96: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 93, CrPC 1973

93. When search-warrant may be issued.—(1) (a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 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) where such document or thing is not known to the Court to be in the possession of any person, or (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code 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 or telegraph authority.
BNSS 2023 (in force)

Section 96, BNSS 2023

96. When search-warrant may be issued.—(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.

When It Applies: CrPC 93 vs BNSS 96

Under CrPC 93
  1. Under Section 93(1)(a) CrPC, a Court that has reason to believe that a person to whom a summons or order under Section 91 CrPC or a requisition under Section 92(1) CrPC has been, or might be, addressed will not or would not produce the document or thing as required by such summons or requisition may issue a search-warrant.
  2. Under Section 93(1)(b) CrPC, a Court may issue a search-warrant where the document or thing is not known to the Court to be in the possession of any person.
  3. Under Section 93(1)(c) CrPC, a Court may issue a search-warrant where it considers that the purposes of any inquiry, trial or other proceeding under the Code will be served by a general search or inspection.
  4. The person to whom the warrant is directed may search or inspect in accordance with it. Under Section 93(2) CrPC, the Court may, if it thinks fit, specify in the warrant the particular place or part to which only the search or inspection shall extend, and the person charged with the execution of the warrant shall then search or inspect only the place or part so specified.
  5. Under Section 93(3) CrPC, no Magistrate other than a District Magistrate or Chief Judicial Magistrate is authorised to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.
Under BNSS 96
  1. Under Section 96(1)(a) BNSS, a Court that has reason to believe that a person to whom a summons order under Section 94 BNSS or a requisition under Section 95(1) BNSS has been, or might be, addressed will not or would not produce the document or thing as required by such summons or requisition may issue a search-warrant.
  2. Under Section 96(1)(b) BNSS, a Court may issue a search-warrant where the document or thing is not known to the Court to be in the possession of any person.
  3. Under Section 96(1)(c) BNSS, a Court may issue a search-warrant where it considers that the purposes of any inquiry, trial or other proceeding under the Sanhita will be served by a general search or inspection.
  4. The person to whom the warrant is directed may search or inspect in accordance with it. Under Section 96(2) BNSS, the Court may, if it thinks fit, specify in the warrant the particular place or part to which only the search or inspection shall extend, and the person charged with the execution of the warrant shall then search or inspect only the place or part so specified.
  5. Under Section 96(3) BNSS, no Magistrate other than a District Magistrate or Chief Judicial Magistrate is authorised to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

What CrPC 93 to BNSS 96 Means in Practice

From 1 July 2024, the power to issue a search-warrant is in Section 96 BNSS in place of Section 93 CrPC. Section 96(3) BNSS names the custody of the postal authority where Section 93(3) CrPC named the custody of the postal or telegraph authority.

FAQs: CrPC 93 to BNSS 96

Where is Section 93 CrPC found from 1 July 2024?▼

Section 93(1) CrPC is found in Section 96(1) BNSS, Section 93(2) CrPC in Section 96(2) BNSS and Section 93(3) CrPC in Section 96(3) BNSS.

How does the authority named in Section 96(3) BNSS differ from Section 93(3) CrPC?▼

Section 96(3) BNSS names the postal authority. Section 93(3) CrPC named the postal or telegraph authority.

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 ·