Section 97 BNSS: Search of place suspected to contain stolen property, forged documents, etc

Section 97 BNSS Bare Act Text

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—

(a) to enter, with such assistance as may be required, such place;

(b) to search the same in the manner specified in the warrant;

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;

(c) counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Source: Section 97, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 97 BNSS in Simple Words

When Section 97 BNSS Applies

• A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may act under Section 97(1) BNSS upon information and after such inquiry as he thinks necessary, if the Magistrate has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article, or that any such objectionable article is deposited in any place.
• The Magistrate may by warrant authorise any police officer above the rank of a constable to act under Section 97(1)(a) BNSS to Section 97(1)(e) BNSS.
• Under Section 97(1)(a) BNSS and Section 97(1)(b) BNSS, the police officer may enter the place, with such assistance as may be required, and search the same in the manner specified in the warrant.
• Under Section 97(1)(c) BNSS, the police officer may take possession of any property or article found in the place which the officer reasonably suspects to be stolen property or an objectionable article to which Section 97 BNSS applies. Under Section 97(1)(d) BNSS, the police officer may convey such property or article before a Magistrate, or guard the same on the spot until the offender is taken before a Magistrate, or otherwise dispose of it in some place of safety.
• Under Section 97(1)(e) BNSS, the police officer may take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which Section 97 BNSS applies.
• Under Section 97(2) BNSS, the objectionable articles are counterfeit coin; pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under Section 11 of the Customs Act, 1962; counterfeit currency note; counterfeit stamps; forged documents; false seals; obscene objects referred to in Section 294 of the Bharatiya Nyaya Sanhita, 2023; and instruments or materials used for the production of any of the other articles listed.

Time Limits Under Section 97 BNSS

• Under Section 97(1)(d) BNSS, property or an article guarded on the spot is guarded until the offender is taken before a Magistrate.Act text: “to guard the same on the spot until the offender is taken before a Magistrate”

Example of Section 97 BNSS

When Section 97 BNSS Does Not Apply

• Section 97 BNSS speaks of a place used for the deposit or sale of stolen property or of an objectionable article. It does not deal with the circumstances in which a Court may issue a search-warrant, the subject of Section 96 BNSS.
• Section 97 BNSS speaks of a warrant authorising a police officer to search a place. It does not deal with search for persons wrongfully confined, the subject of Section 100 BNSS.
• Section 97 BNSS speaks of a warrant issued by a Magistrate. It does not deal with the power of a police officer to seize certain property, the subject of Section 106 BNSS.

Section 97 BNSS in the CrPC (Previous Law)

FAQs on Section 97 BNSS

Section 97 BNSS: Sub-sections Explained

Sections Related to Section 97 BNSS