BNSS Section 100 — Search for persons wrongfully confined

Summary

If a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class believes that someone is being held in a way that is a crime, they can issue a search warrant. The person who receives that warrant can then search for the person who is confined. The search must follow the warrant, and if the confined person is found, they must be taken immediately before a Magistrate, who will decide what order to give based on the situation.

Official Text

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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §97 — Search for persons wrongfully confined