What Is BNSS Section 103?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 103: Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person on his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 220 of the Bharatiya Nyaya Sanhita, 2023.

Brefe Detail

This section outlines the responsibilities of individuals in charge of a closed place when a search warrant is executed. It establishes the requirement for them to allow access to officers executing the warrant and provides guidelines for conducting searches, ensuring the presence of witnesses, and documenting the search process.

Question & Answers

What must a person in charge of a closed place do when a search warrant is presented?

They must allow free ingress and provide reasonable facilities for the search.

What happens if access to the closed place cannot be obtained?

The officer may proceed as per the provisions of sub-section (2) of section 44.

Who can be searched if they are suspected of concealing articles?

Any person can be searched, and if that person is a woman, the search must be conducted by another woman.

What is required before conducting a search?

The officer must call upon two or more independent and respectable inhabitants to witness the search.

What should be done with the list of items seized during the search?

The officer must prepare a list of seized items, which should be signed by witnesses and provided to the occupant of the place searched.

What happens if someone refuses to attend the search when requested?

They may be deemed to have committed an offence under section 220 of the Bharatiya Nyaya Sanhita, 2023.

Example

1. A police officer arrives at a closed location with a search warrant for suspected illegal activity. The person in charge must open the door and allow the officer to conduct the search.

2. If a woman is suspected of hiding stolen goods, she will be searched by a female officer to ensure decency is maintained.

3. During the search of a suspected drug den, two local residents are called to witness the search process.

Summary

Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stipulates the obligations of individuals in charge of closed places during search warrant executions. It emphasizes the importance of cooperation with law enforcement, the presence of witnesses during searches, and the consequences of non-compliance.