What Is BNSS Section 104?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 104: Disposal of things found in search beyond jurisdiction

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

Brefe Detail

Section 104 outlines the procedure for handling items found during a search conducted beyond the jurisdiction of the issuing court. It mandates that any items discovered must be taken to the issuing court unless a closer magistrate's jurisdiction applies.

Question & Answers

What happens if items are found during a search beyond the jurisdiction of the issuing court?

Items found must be taken to the issuing court along with a prepared list.

Can items be taken to a closer magistrate instead of the issuing court?

Yes, if the location of the search is closer to a magistrate with jurisdiction, the items should be taken there.

What must a magistrate do if items are taken to them?

The magistrate must authorize the items to be taken to the issuing court unless there is a valid reason to prevent this.

Example

1. If a search warrant issued by a court in City A is executed in City B and items are found, those items must be taken to the court in City A.

2. If the search takes place in a location that is closer to Magistrate C than to the issuing court, the items will be taken to Magistrate C instead.

Summary

Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides clear guidelines for the handling of items discovered during searches beyond the jurisdiction of the court that issued the warrant, ensuring they are properly accounted for and processed according to legal requirements.