CrPC 94→BNSS 97

CrPC 94 to BNSS 97: Search of place suspected to contain stolen property, forged documents, etc

Section 94 CrPC (1973) replaced by Section 97 BNSS (2023)

View CrPC Section 94 →View BNSS Section 97 →

CrPC 94 to BNSS 97 at a Glance

Section 94 CrPC (Search of place suspected to contain stolen property, forged documents, etc) is now Section 97 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 94 to BNSS 97?

Section 97 BNSS has the same heading as Section 94 CrPC. Section 97(2)(b) BNSS reads the Coinage Act, 2011 where Section 94(2)(b) CrPC read the Metal Tokens Act, 1889. Section 97(2)(f) BNSS reads Section 294 of the Bharatiya Nyaya Sanhita, 2023 where Section 94(2)(f) CrPC read Section 292 of the Indian Penal Code. The rest of Section 97 BNSS reads the same as Section 94 CrPC.

CrPC 94 vs BNSS 97: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section9497
HeadingSearch of place suspected to contain stolen property, forged documents, etcSame
Sub-sections2 sub-sectionsSame

CrPC 94 and BNSS 97: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 94, CrPC 1973

94. Search of place suspected to contain stolen property, forged documents, etc.—(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 Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification for the time being in force under section 11 of the Customs Act, 1962 (52 of 1962); (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals; (f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
BNSS 2023 (in force)

Section 97, BNSS 2023

97. Search of place suspected to contain stolen property, forged documents, etc.—(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).

When It Applies: CrPC 94 vs BNSS 97

Under CrPC 94
  1. A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may act under Section 94(1) CrPC upon information and after such inquiry as he thinks necessary, if the Magistrate 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, or that any such objectionable article is deposited in any place.
  2. The Magistrate may by warrant authorise any police officer above the rank of a constable to act under Section 94(1)(a) CrPC to Section 94(1)(e) CrPC.
  3. Under Section 94(1)(a) CrPC and Section 94(1)(b) CrPC, the police officer may enter the place, with such assistance as may be required, and search the same in the manner specified in the warrant.
  4. Under Section 94(1)(c) CrPC, the police officer may take possession of any property or article found in the place which the officer reasonably suspects to be stolen property or an objectionable article to which Section 94 CrPC applies. Under Section 94(1)(d) CrPC, the police officer may convey such property or article before a Magistrate, or guard the same on the spot until the offender is taken before a Magistrate, or otherwise dispose of it in some place of safety.
  5. Under Section 94(1)(e) CrPC, the police officer may 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 Section 94 CrPC applies.
  6. Under Section 94(2) CrPC, the objectionable articles are counterfeit coin; pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into India in contravention of any notification for the time being in force under Section 11 of the Customs Act, 1962; counterfeit currency note; counterfeit stamps; forged documents; false seals; obscene objects referred to in Section 292 of the Indian Penal Code; and instruments or materials used for the production of any of the other articles listed.
Under BNSS 97
  1. A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may act under Section 97(1) BNSS upon information and after such inquiry as he thinks necessary, if the Magistrate 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, or that any such objectionable article is deposited in any place.
  2. The Magistrate may by warrant authorise any police officer above the rank of a constable to act under Section 97(1)(a) BNSS to Section 97(1)(e) BNSS.
  3. Under Section 97(1)(a) BNSS and Section 97(1)(b) BNSS, the police officer may enter the place, with such assistance as may be required, and search the same in the manner specified in the warrant.
  4. Under Section 97(1)(c) BNSS, the police officer may take possession of any property or article found in the place which the officer reasonably suspects to be stolen property or an objectionable article to which Section 97 BNSS applies. Under Section 97(1)(d) BNSS, the police officer may convey such property or article before a Magistrate, or guard the same on the spot until the offender is taken before a Magistrate, or otherwise dispose of it in some place of safety.
  5. Under Section 97(1)(e) BNSS, the police officer may 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 Section 97 BNSS applies.
  6. Under Section 97(2) BNSS, the objectionable articles are counterfeit coin; 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; counterfeit currency note; counterfeit stamps; forged documents; false seals; obscene objects referred to in Section 294 of the Bharatiya Nyaya Sanhita, 2023; and instruments or materials used for the production of any of the other articles listed.

Time Limits: CrPC 94 to BNSS 97

Under CrPC 94
  • Under Section 94(1)(d) CrPC, property or an article guarded on the spot is guarded until the offender is taken before a Magistrate.Act text: “to guard the same on the spot until the offender is taken before a Magistrate”
Under BNSS 97
  • Under Section 97(1)(d) BNSS, property or an article guarded on the spot is guarded until the offender is taken before a Magistrate.Act text: “to guard the same on the spot until the offender is taken before a Magistrate”

What CrPC 94 to BNSS 97 Means in Practice

From 1 July 2024, the power of a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class to authorise by warrant a police officer above the rank of a constable to search a place is in Section 97 BNSS in place of Section 94 CrPC. Section 97(2) BNSS names the Coinage Act, 2011 and Section 294 of the Bharatiya Nyaya Sanhita, 2023.

FAQs: CrPC 94 to BNSS 97

Where is Section 94 CrPC found from 1 July 2024?▼

Section 94(1) CrPC is found in Section 97(1) BNSS and Section 94(2) CrPC in Section 97(2) BNSS.

How does the list of objectionable articles in Section 97(2) BNSS differ from Section 94(2) CrPC?▼

Section 97(2)(b) BNSS reads the Coinage Act, 2011 where Section 94(2)(b) CrPC read the Metal Tokens Act, 1889. Section 97(2)(f) BNSS reads Section 294 of the Bharatiya Nyaya Sanhita, 2023 where Section 94(2)(f) CrPC read Section 292 of the Indian Penal Code. The other clauses of Section 97(2) BNSS are in the same words as Section 94(2) CrPC.

Which Magistrates and police officers are named in Section 97(1) BNSS compared with Section 94(1) CrPC?▼

Section 97(1) BNSS names a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, and a police officer above the rank of a constable, in the same words as Section 94(1) CrPC.

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: 22 Oct 2026 ·