Section 104 BNSS: Disposal of things found in search beyond jurisdiction

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 104 BNSS at a Glance

Section 104 BNSS deals with disposal of things found in search beyond jurisdiction. It replaced Section 101 CrPC on 1 July 2024.

Was CrPC

Section 101 →

Section 104 BNSS Bare Act Text

104. Disposal of things found in search beyond jurisdiction

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

Source: Section 104, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 104 BNSS in Simple Words

Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers a search made under a search-warrant at a place outside the local jurisdiction of the Court that issued the warrant. If any of the things being searched for are found there, they shall be taken immediately before the issuing Court, together with the list of them prepared under the provisions that follow in the Sanhita.

There is an exception. If the place is nearer to the Magistrate who has jurisdiction there than to the issuing Court, the list and things shall be taken immediately before that Magistrate.

That Magistrate shall make an order authorising them to be taken to the issuing Court, unless there is good cause to the contrary.

When Section 104 BNSS Applies

  • A search-warrant is executed at a place beyond the local jurisdiction of the Court which issued it, and any of the things for which search is made are found.
  • The things, together with the list of the same, shall be taken before the Court issuing the warrant.
  • If the place is nearer to the Magistrate having jurisdiction there than to the Court, the list and things shall be taken before that Magistrate.
  • Unless there be good cause to the contrary, that Magistrate shall make an order authorising them to be taken to the Court.

Time Limits Under Section 104 BNSS

  • The things and the list shall be immediately taken before the Court issuing the warrant, or before the nearer Magistrate.Act text: “shall be immediately taken before the Court issuing the warrant”

Example of Section 104 BNSS

A Court issues a search-warrant, and it is executed at a place beyond the local jurisdiction of that Court. Things for which search is made are found. The place is nearer to Magistrate Iyer, who has jurisdiction there, than to the issuing Court. Under Section 104 BNSS, the list and things are immediately taken before Magistrate Iyer. Unless there is good cause to the contrary, Magistrate Iyer shall make an order authorising them to be taken to the issuing Court.

When Section 104 BNSS Does Not Apply

  • Section 104 BNSS speaks of the execution of a search-warrant. It does not deal with a search made without a search-warrant.
  • Section 104 BNSS speaks of taking the things and the list before the Court or the Magistrate. It does not deal with what that Court does with the things afterwards.

Section 104 BNSS in the CrPC (Previous Law)

Section 104 BNSS replaces Section 101 CrPC from the old criminal code.

Section 104 BNSS has the same heading and the same text as Section 101 CrPC, from 1 July 2024. The section number is the only difference.

View CrPC Section 101 →

FAQs on Section 104 BNSS

When does Section 104 BNSS apply?▼

Section 104 BNSS applies when, in the execution of a search-warrant at a place beyond the local jurisdiction of the Court which issued the search-warrant, any of the things for which search is made are found.

Before whom are the things taken under Section 104 BNSS?▼

The things, together with the list of the same, shall be immediately taken before the Court issuing the warrant. If the place is nearer to the Magistrate having jurisdiction there than to that Court, the list and things shall be immediately taken before that Magistrate.

What order does the Magistrate make under Section 104 BNSS?▼

Unless there be good cause to the contrary, the Magistrate shall make an order authorising the list and things to be taken to the Court which issued the search-warrant.

What changed from Section 101 CrPC to Section 104 BNSS from 1 July 2024?▼

Section 104 BNSS has the same heading and the same text as Section 101 CrPC. The wording and the cross-references are the same.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·