BNSS 97 — Search of place suspected to contain stolen property, forged documents, etc.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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 (11 of 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 (52 of 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 (45 of 2023);
(g)  instruments  or  materials  used  for  the production  of  any  of  the  articles mentioned  in
clauses (a) to (f).
98.   Power   to   declare   certain   publications   forfeited   and   to   issue   search-warrants   for
same.—(1) Where—
(a) any newspaper, or book; or
(b) any document,
 wherever  printed,  appears  to  the  State  Government  to  contain  any  matter  the  publication of  which  is
punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) , the State Government may, by notification, stating the
grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every
copy of such book or other document to be forfeited to Government, and thereupon any police officer may
seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not
below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of
such issue, or any such book or other document may be or may be reasonably suspected to be.
(2) In this section and in section 99,—
(a) “newspaper” and “book” have  the  same  meanings  as in the  Press and Registration of Books
Act, 1867 (25 of 1867);
(b) “document” includes any painting, drawing or photograph, or other visible representation.
(3) No order passed or action taken under this section shall be called in question in any Court otherwise
than in accordance with the provisions of section 99.

Back to BNSS