Section 97 CrPC: Search for persons wrongfully confined

Code of Criminal Procedure, 1973

Section 97 CrPC at a Glance

Section 97 CrPC deals with search for persons wrongfully confined. From 1 July 2024 it is replaced by Section 100 BNSS.

Now BNSS

Section 100 →

What Section 97 CrPC Says

97. Search for persons wrongfully confined

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Source: Section 97, Code of Criminal Procedure, 1973

Section 97 CrPC in Simple Words

Section 97 of the Code of Criminal Procedure, 1973 deals with the search for persons wrongfully confined.

If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined.

The person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

When Section 97 CrPC Applies

  • Section 97 CrPC applies to a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class who has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence.
  • That Magistrate may issue a search-warrant, and the person to whom the warrant is directed may search for the person so confined.
  • The search shall be made in accordance with the search-warrant.
  • The person, if found, shall be taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Time Limits Under Section 97 CrPC

  • The person, if found, shall be immediately taken before a Magistrate.Act text: “shall be immediately taken before a Magistrate”

Example of Section 97 CrPC

District Magistrate Rekha has reason to believe that Salim is confined under such circumstances that the confinement amounts to an offence. Rekha issues a search-warrant, and police officer Ajay, to whom the warrant is directed, searches for Salim. The search is made in accordance with the warrant. Salim is found and is immediately taken before a Magistrate, who makes such order as in the circumstances of the case seems proper. This follows Section 97 CrPC.

When Section 97 CrPC Does Not Apply

  • Section 97 CrPC speaks of a search for a person confined under such circumstances that the confinement amounts to an offence. It does not deal with a search for a document or thing.
  • Section 97 CrPC speaks of the person found being taken before a Magistrate. It does not deal with the trial of the offence by which the person was confined.

Section 97 CrPC Under BNSS 100: What Changed

Section 97 CrPC is now covered under Section 100 BNSS.

Section 97 CrPC became Section 100 BNSS from 1 July 2024. Both have the same heading and the same text. The section number and the name of the Act differ. Neither section refers to another section.

View detailed comparison (CrPC 97 vs BNSS 100) →

FAQs on Section 97 CrPC

Who may issue a search-warrant under Section 97 CrPC?▼

A District Magistrate, Sub-divisional Magistrate or Magistrate of the first class who has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence may issue a search-warrant.

Who may search under Section 97 CrPC?▼

The person to whom such warrant is directed may search for the person so confined, and such search shall be made in accordance with the warrant.

What happens when the person is found under Section 97 CrPC?▼

The person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Where is Section 97 CrPC found in the BNSS from 1 July 2024?▼

Section 97 CrPC has no sub-sections, and maps as a whole to Section 100 BNSS from 1 July 2024.

Have questions about Section 97 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 22 Oct 2026 ·