What Is BNSS Section 108?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 108: Magistrate may direct search in his presence.

Any Magistrate may direct a search to be made in his presence of any place for which he is competent to issue a search-warrant.

Brefe Detail

This section allows any Magistrate the authority to order a search to be conducted in their presence at any location where they have the legal capacity to issue a search warrant.

Question & Answers

What authority does a Magistrate have regarding searches?

A Magistrate can direct a search to be made in their presence for any location where they can issue a search warrant.

Can a search be conducted without the presence of a Magistrate?

This section specifically states that a search must be directed to be made in the presence of a Magistrate.

Example

- A Magistrate receives information about illegal activities at a specific location. They can issue a directive to conduct a search of that location while being present to oversee the process.

Summary

Section 108 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers Magistrates to oversee searches at locations for which they are authorized to issue search warrants, ensuring accountability and proper procedure during such operations.