BNSS Section 96 — When search-warrant may be issued

CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS — B.—Search-warrants

Criminal

Summary

A court can issue a search warrant in three situations: if it believes a person who was ordered to produce a document or thing will not do so; if the court does not know who has the document or thing; or if a general search would help an inquiry, trial, or other legal proceeding. The warrant tells the person executing it what to search or inspect. The court may also limit the search to a specific place or part of a place. Only a District Magistrate or Chief Judicial Magistrate can issue a warrant to search for something in the custody of the postal authority.

Official Text

(1) Where—

(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or

(b) such document or thing is not known to the Court to be in the possession of any person; or

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

Related Judgments

  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • 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.2 p.424 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §93 — When search-warrant may be issued