Section 93 CrPC: When search-warrant may be issued

Code of Criminal Procedure, 1973

Section 93 CrPC at a Glance

Section 93 CrPC deals with when search-warrant may be issued. From 1 July 2024 it is replaced by Section 96 BNSS.

Now BNSS

What Section 93 CrPC Says

93. When search-warrant may be issued
(1) (a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 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) where such document or thing is not known to the Court to be in the possession of any person, or (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code 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 or telegraph authority.

Source: Section 93, Code of Criminal Procedure, 1973

Section 93 CrPC in Simple Words

Section 93 of the Code of Criminal Procedure, 1973 sets out when a Court may issue a search-warrant. Under Section 93(1) CrPC, a Court may do so where it has reason to believe that a person to whom a summons or order under Section 91 CrPC or a requisition under Section 92(1) CrPC 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 Code will be served by a general search or inspection.

Under Section 93(2) CrPC, the Court may specify the particular place or part to which the search or inspection extends. Under Section 93(3) CrPC, 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 or telegraph authority.

When Section 93 CrPC Applies

Under Section 93(1)(a) CrPC, a Court that has reason to believe that a person to whom a summons or order under Section 91 CrPC or a requisition under Section 92(1) CrPC 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 93(1)(b) CrPC, 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 93(1)(c) CrPC, a Court may issue a search-warrant where it considers that the purposes of any inquiry, trial or other proceeding under the Code 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 93(2) CrPC, 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 93(3) CrPC, 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 or telegraph authority.

Example of Section 93 CrPC

A Court has reason to believe that Ramesh, to whom a summons under Section 91 CrPC has been addressed, will not produce a ledger as required by the summons. Under Section 93(1)(a) CrPC, the Court may issue a search-warrant. Under Section 93(2) CrPC, the Court may specify in the warrant the office room of Ramesh 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 or telegraph authority, Section 93(3) CrPC would authorise only a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for it.

When Section 93 CrPC Does Not Apply

Section 93 CrPC 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 91 CrPC.
Section 93 CrPC speaks of a search-warrant issued by a Court. It does not deal with the procedure as to letters and telegrams, the subject of Section 92 CrPC.

Section 93 CrPC Under BNSS 96: What Changed

Section 93 CrPC is now covered under Section 96 BNSS.

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.

View detailed comparison (CrPC 93 vs BNSS 96) →

FAQs on Section 93 CrPC

When could a Court issue a search-warrant under Section 93 CrPC?▼

Under Section 93(1) CrPC, a Court could issue a search-warrant where it had reason to believe that a person to whom a summons or order under Section 91 CrPC or a requisition under Section 92(1) CrPC had been, or might be, addressed would not produce the document or thing, where the document or thing was not known to the Court to be in the possession of any person, or where the Court considered that the purposes of any inquiry, trial or other proceeding under the Code would be served by a general search or inspection.

Could the Court specify a particular place for a search-warrant under Section 93(2) CrPC?▼

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

Which Magistrates could grant a warrant to search the custody of the postal or telegraph authority under Section 93(3) CrPC?▼

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

Where is Section 93 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. Section 93(1) CrPC is found in Section 96(1) BNSS, Section 93(2) CrPC in Section 96(2) BNSS and Section 93(3) CrPC in Section 96(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·