Section 103 CrPC: Magistrate may direct search in his presence

Code of Criminal Procedure, 1973

Section 103 CrPC at a Glance

Section 103 CrPC deals with magistrate may direct search in his presence. From 1 July 2024 it is replaced by Section 108 BNSS.

Now BNSS

Section 108 →

What Section 103 CrPC Says

103. 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 103, Code of Criminal Procedure, 1973

Section 103 CrPC in Simple Words

Section 103 CrPC 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 103 CrPC 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 103 CrPC

Magistrate Mehta is competent to issue a search-warrant for the search of a godown. Under Section 103 CrPC, Magistrate Mehta may direct the search of the godown to be made in the presence of Magistrate Mehta.

When Section 103 CrPC Does Not Apply

  • Section 103 CrPC speaks of a Magistrate who directs a search. It does not deal with a search directed by a police officer.
  • Section 103 CrPC speaks of directing a search in the presence of the Magistrate. It does not deal with the issue of a search-warrant itself.

Section 103 CrPC Under BNSS 108: What Changed

Section 103 CrPC is now covered under Section 108 BNSS.

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 detailed comparison (CrPC 103 vs BNSS 108) →

FAQs on Section 103 CrPC

Who may direct a search under Section 103 CrPC?▼

Any Magistrate may direct a search under Section 103 CrPC.

Which places may the search be of under Section 103 CrPC?▼

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

What does Section 103 CrPC say about the presence of the Magistrate?▼

Section 103 CrPC says that the Magistrate may direct the search to be made in the presence of the Magistrate.

Where is Section 103 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 103 CrPC has no sub-sections, and maps as a whole to Section 108 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: 20 Oct 2026 ·