BNSS Section 108 — Magistrate may direct search in his presence

CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS — D.—Miscellaneous

Criminal

Summary

Any Magistrate has the authority to order that a search be carried out while he is personally present. This applies to any location for which the Magistrate would normally be allowed to issue a search warrant.

Official Text

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

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)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.424 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §103 — Magistrate may direct search in his presence