Section 96 BNSS: When search-warrant may be issued

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 96 BNSS at a Glance

Section 96 BNSS deals with when search-warrant may be issued. It replaced Section 93 CrPC on 1 July 2024.

Was CrPC

Section 93 →

Section 96 BNSS Bare Act Text

(1) Where—

(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or

(b) such document or thing is not known to the Court to be in the possession of any person; or

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

Source: Section 96, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 96 BNSS in Simple Words

Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets out when a Court may issue a search-warrant. Under Section 96(1) BNSS, a Court may do so where it has reason to believe that a person to whom a summons order under Section 94 BNSS or a requisition under Section 95(1) BNSS has been, or might be, addressed will not or would not produce the document or thing, where the document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceeding under the Sanhita will be served by a general search or inspection.

Under Section 96(2) BNSS, the Court may specify the particular place or part to which the search or inspection extends. Under Section 96(3) BNSS, only a District Magistrate or Chief Judicial Magistrate may grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

When Section 96 BNSS Applies

  • Under Section 96(1)(a) BNSS, a Court that has reason to believe that a person to whom a summons order under Section 94 BNSS or a requisition under Section 95(1) BNSS has been, or might be, addressed will not or would not produce the document or thing as required by such summons or requisition may issue a search-warrant.
  • Under Section 96(1)(b) BNSS, a Court may issue a search-warrant where the document or thing is not known to the Court to be in the possession of any person.
  • Under Section 96(1)(c) BNSS, a Court may issue a search-warrant where it considers that the purposes of any inquiry, trial or other proceeding under the Sanhita will be served by a general search or inspection.
  • The person to whom the warrant is directed may search or inspect in accordance with it. Under Section 96(2) BNSS, the Court may, if it thinks fit, specify in the warrant the particular place or part to which only the search or inspection shall extend, and the person charged with the execution of the warrant shall then search or inspect only the place or part so specified.
  • Under Section 96(3) BNSS, no Magistrate other than a District Magistrate or Chief Judicial Magistrate is authorised to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

Example of Section 96 BNSS

A Court has reason to believe that Anil, to whom a summons order under Section 94 BNSS has been addressed, will not produce a ledger as required by the summons. Under Section 96(1)(a) BNSS, the Court may issue a search-warrant. Under Section 96(2) BNSS, the Court may specify in the warrant the storage room of Anil as the particular place to which only the search shall extend, and the person charged with the execution of the warrant shall then search only that room. If the ledger were a parcel in the custody of the postal authority, Section 96(3) BNSS would authorise only a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for it.

When Section 96 BNSS Does Not Apply

  • Section 96 BNSS speaks of the issue of a search-warrant. It does not deal with a summons to produce a document or other thing, the subject of Section 94 BNSS.
  • Section 96 BNSS speaks of a search-warrant issued by a Court. It does not deal with the procedure as to letters, the subject of Section 95 BNSS.

Section 96 BNSS in the CrPC (Previous Law)

Section 96 BNSS replaced Section 93 CrPC from 1 July 2024.

Section 96(3) BNSS speaks of the custody of the postal authority where Section 93(3) CrPC spoke of the custody of the postal or telegraph authority. Section 96(1)(a) BNSS reads a summons order where Section 93(1)(a) CrPC read a summons or order, and refers to Section 94 BNSS and Section 95(1) BNSS where Section 93(1)(a) CrPC referred to Section 91 CrPC and Section 92(1) CrPC. Section 96(1)(c) BNSS reads under this Sanhita where Section 93(1)(c) CrPC read under this Code. Section 96(1) BNSS opens with the word Where before its clauses, a change of layout. The power in Section 96(2) BNSS and the persons named in Section 96(3) BNSS are in the same words.

Each sub-section below names its own source.

FAQs on Section 96 BNSS

When may a Court issue a search-warrant under Section 96 BNSS?▼

Under Section 96(1) BNSS, a Court may issue a search-warrant where it has reason to believe that a person to whom a summons order under Section 94 BNSS or a requisition under Section 95(1) BNSS has been, or might be, addressed will not or would not produce the document or thing, where the document or thing is not known to the Court to be in the possession of any person, or where the Court considers that the purposes of any inquiry, trial or other proceeding under the Sanhita will be served by a general search or inspection.

May the Court specify a particular place for a search-warrant under Section 96(2) BNSS?▼

Yes. The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend, and the person charged with the execution of the warrant then has to search or inspect only the place or part so specified.

Which Magistrates may grant a warrant to search the custody of the postal authority under Section 96(3) BNSS?▼

Only a District Magistrate or Chief Judicial Magistrate may grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

What changed from Section 93 CrPC to Section 96 BNSS from 1 July 2024?▼

Section 96 BNSS has differences from Section 93 CrPC. Section 96(3) BNSS reads the custody of the postal authority where Section 93(3) CrPC read the custody of the postal or telegraph authority. Section 96(1)(a) BNSS reads a summons order under Section 94 BNSS where Section 93(1)(a) CrPC read a summons or order under Section 91 CrPC. Section 96(1)(a) BNSS refers to Section 95(1) BNSS where Section 93(1)(a) CrPC referred to Section 92(1) CrPC. Section 96(1)(c) BNSS reads under this Sanhita where Section 93(1)(c) CrPC read under this Code. Section 96(1) BNSS opens with the word Where and then lists its clauses, where Section 93(1) CrPC began its clauses with the words Where, where and where. This is a change of layout.

Section 96 BNSS: Sub-sections Explained

Section 96(1) BNSS: When search-warrant may be issued

▶

Bare Act Text

(1) Where—

(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or

(b) such document or thing is not known to the Court to be in the possession of any person; or

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

Previous Law

CrPC 93 → Section 96(1) BNSS

Section 96(2) BNSS: When search-warrant may be issued

▶

Bare Act Text

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

Previous Law

CrPC 93(2) → Section 96(2) BNSS

Section 96(3) BNSS: When search-warrant may be issued

▶

Bare Act Text

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

Previous Law

CrPC 93(3) → Section 96(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·