Section 108 BNSS: Magistrate may direct search in his presence

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 108 BNSS at a Glance

Section 108 BNSS deals with magistrate may direct search in his presence. It replaced Section 103 CrPC on 1 July 2024.

Was CrPC

Section 103 →

Section 108 BNSS Bare Act Text

108. Magistrate may direct search in his presence

Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

Source: Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 108 BNSS in Simple Words

Section 108 BNSS says that any Magistrate may direct a search to be made in the presence of that Magistrate of any place for the search of which the Magistrate is competent to issue a search-warrant.

When Section 108 BNSS Applies

  • Any Magistrate may direct a search to be made in the presence of that Magistrate.
  • The place must be one for the search of which the Magistrate is competent to issue a search-warrant.

Example of Section 108 BNSS

Magistrate Sen is competent to issue a search-warrant for the search of a godown. Under Section 108 BNSS, Magistrate Sen may direct the search of the godown to be made in the presence of Magistrate Sen.

When Section 108 BNSS Does Not Apply

  • Section 108 BNSS speaks of a Magistrate who directs a search. It does not deal with a search directed by a police officer.
  • Section 108 BNSS speaks of directing a search in the presence of the Magistrate. It does not deal with the issue of a search-warrant itself.

Section 108 BNSS in the CrPC (Previous Law)

Section 108 BNSS replaces Section 103 CrPC from the old criminal code.

Section 108 BNSS has the same heading and the same text as Section 103 CrPC, from 1 July 2024. The section number is the only difference.

View CrPC Section 103 →

FAQs on Section 108 BNSS

Who may direct a search under Section 108 BNSS?▼

Any Magistrate may direct a search under Section 108 BNSS.

Which places may the search be of under Section 108 BNSS?▼

Any place for the search of which the Magistrate is competent to issue a search-warrant.

What does Section 108 BNSS say about the presence of the Magistrate?▼

Section 108 BNSS says that the Magistrate may direct the search to be made in the presence of the Magistrate.

What changed from Section 103 CrPC to Section 108 BNSS from 1 July 2024?▼

Section 108 BNSS has the same heading and the same text as Section 103 CrPC. The wording and the cross-references are the same.

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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: 20 Oct 2026 ·