Section 101 CrPC: Disposal of things found in search beyond jurisdiction

Code of Criminal Procedure, 1973

Section 101 CrPC at a Glance

Section 101 CrPC deals with disposal of things found in search beyond jurisdiction. From 1 July 2024 it is replaced by Section 104 BNSS.

Now BNSS

Section 104 →

What Section 101 CrPC Says

101. 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 101, Code of Criminal Procedure, 1973

Section 101 CrPC in Simple Words

Section 101 of the Code of Criminal Procedure, 1973 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 Code.

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 101 CrPC 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 101 CrPC

  • 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 101 CrPC

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 Rao, who has jurisdiction there, than to the issuing Court. Under Section 101 CrPC, the list and things are immediately taken before Magistrate Rao. Unless there is good cause to the contrary, Magistrate Rao shall make an order authorising them to be taken to the issuing Court.

When Section 101 CrPC Does Not Apply

  • Section 101 CrPC speaks of the execution of a search-warrant. It does not deal with a search made without a search-warrant.
  • Section 101 CrPC 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 101 CrPC Under BNSS 104: What Changed

Section 101 CrPC is now covered under Section 104 BNSS.

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 detailed comparison (CrPC 101 vs BNSS 104) →

FAQs on Section 101 CrPC

When does Section 101 CrPC apply?▼

Section 101 CrPC 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 101 CrPC?▼

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 101 CrPC?▼

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.

Where is Section 101 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 101 CrPC has no sub-sections, and maps as a whole to Section 104 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·