Section 100 BNSS: Search for persons wrongfully confined

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 100 BNSS at a Glance

Section 100 BNSS deals with search for persons wrongfully confined. It replaced Section 97 CrPC on 1 July 2024.

Was CrPC

Section 97 →

Section 100 BNSS Bare Act Text

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.

Source: Section 100, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 100 BNSS in Simple Words

Section 100 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the 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.

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 Section 100 BNSS Applies

  • 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.
  • That Magistrate may issue a search-warrant, and the person to whom the warrant is directed may search for the person so confined.
  • The search shall be made in accordance with the search-warrant.
  • 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 Under Section 100 BNSS

  • The person, if found, shall be immediately taken before a Magistrate.Act text: “shall be immediately taken before a Magistrate”

Example of Section 100 BNSS

District Magistrate Nandini has reason to believe that Tariq is confined under such circumstances that the confinement amounts to an offence. Nandini issues a search-warrant, and police officer Vijay, to whom the warrant is directed, searches for Tariq. The search is made in accordance with the warrant. Tariq is found and is immediately taken before a Magistrate, who makes such order as in the circumstances of the case seems proper. This follows Section 100 BNSS.

When Section 100 BNSS Does Not Apply

  • Section 100 BNSS speaks of a search for a person confined under such circumstances that the confinement amounts to an offence. It does not deal with a search for a document or thing.
  • Section 100 BNSS speaks of the person found being taken before a Magistrate. It does not deal with the trial of the offence by which the person was confined.

Section 100 BNSS in the CrPC (Previous Law)

Section 100 BNSS replaces Section 97 CrPC from the old criminal code.

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.

View CrPC Section 97 →

FAQs on Section 100 BNSS

Who may issue a search-warrant under Section 100 BNSS?▼

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 may issue a search-warrant.

Who may search under Section 100 BNSS?▼

The person to whom such warrant is directed may search for the person so confined, and such search shall be made in accordance with the warrant.

What happens when the person is found under Section 100 BNSS?▼

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.

What changed from Section 97 CrPC to Section 100 BNSS from 1 July 2024?▼

Section 100 BNSS has the same heading and the same text as Section 97 CrPC. Only the section number and the name of the Act differ.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·