CrPC 97→BNSS 100

CrPC 97 to BNSS 100: Search for persons wrongfully confined

Section 97 CrPC (1973) replaced by Section 100 BNSS (2023)

View CrPC Section 97 →View BNSS Section 100 →

CrPC 97 to BNSS 100 at a Glance

Section 97 CrPC (Search for persons wrongfully confined) is now Section 100 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 97 to BNSS 100?

Section 97 CrPC became Section 100 BNSS from 1 July 2024. Both have the same heading and the same text. The section number and the name of the Act differ. Neither section refers to another section.

CrPC 97 vs BNSS 100: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section97100
HeadingSearch for persons wrongfully confinedSame

CrPC 97 and BNSS 100: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 97, CrPC 1973

97. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
BNSS 2023 (in force)

Section 100, BNSS 2023

100. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

When It Applies: CrPC 97 vs BNSS 100

Under CrPC 97
  1. Section 97 CrPC applies to a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class who has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence.
  2. That Magistrate may issue a search-warrant, and the person to whom the warrant is directed may search for the person so confined.
  3. The search shall be made in accordance with the search-warrant.
  4. The person, if found, shall be taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Under BNSS 100
  1. Section 100 BNSS applies to a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class who has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence.
  2. That Magistrate may issue a search-warrant, and the person to whom the warrant is directed may search for the person so confined.
  3. The search shall be made in accordance with the search-warrant.
  4. The person, if found, shall be taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Time Limits: CrPC 97 to BNSS 100

Under CrPC 97
  • The person, if found, shall be immediately taken before a Magistrate.Act text: “shall be immediately taken before a Magistrate”
Under BNSS 100
  • The person, if found, shall be immediately taken before a Magistrate.Act text: “shall be immediately taken before a Magistrate”

What CrPC 97 to BNSS 100 Means in Practice

From 1 July 2024, the search for persons wrongfully confined is dealt with in Section 100 BNSS where Section 97 CrPC dealt with it. The person, if found, shall be immediately taken before a Magistrate under both.

FAQs: CrPC 97 to BNSS 100

Where is Section 97 CrPC found in the BNSS?▼

Section 97 CrPC has no sub-sections, and maps as a whole to Section 100 BNSS from 1 July 2024.

Is the text of Section 100 BNSS the same as Section 97 CrPC?▼

Yes. Section 100 BNSS has the same heading and the same text as Section 97 CrPC.

Does Section 100 BNSS refer to any other section?▼

No. Neither Section 100 BNSS nor Section 97 CrPC refers to another section.

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 ·