Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 96: When Search-Warrant May Be Issued
Section 96 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with when search-warrant may be issued. Here is a review:
Code:
1. Grounds for Issuance of Search-Warrant:
– (a) If any Court has reasonable grounds to believe that a person to whom a summons or order under section 94, or a requisition under sub-section (1) of section 95, has been or might be addressed, willfully fails or is unlikely to produce the document or thing as required by such summons or requisition; or
– (b) If such document or thing is not known to the Court to be in the possession of any person; or
– (c) If the Court deems that the purposes of any inquiry, trial, or other proceeding under this Sanhita will be better served by a general search or inspection,
– The Court may issue a search-warrant.
2. Specification of Place in Warrant:
– The Court may, at its discretion, specify in the warrant the particular place or part thereof to which the search or inspection shall be limited.
– The person entrusted with the execution of such warrant shall then conduct the search or inspection solely within the specified place or part.
3. Limitation on Magistrate’s Authority:
– Nothing in this section empowers any Magistrate other than a District Magistrate or Chief Judicial Magistrate to issue a warrant to search for a document, parcel, or other thing in the custody of the postal authority.
Explanation: When Search-Warrant May Be Issued
This section outlines the conditions under which a court can issue a search warrant. It grants authority to search or inspect specific places or documents for evidence relevant to an inquiry, trial, or other proceeding under the BNSS.
Conditions for Issuing a Search Warrant
A court may issue a search warrant if it has reason to believe that:
- (a) A person who has been summoned or requested to produce a document or thing will not comply: This applies when the court believes the individual will refuse to produce the evidence. There are cases where one may hide it.
- (b) The location of the document or thing is unknown: The court may issue a warrant if the whereabouts of the evidence are uncertain.
- (c) A general search or inspection is necessary for the inquiry: The court may deem a wider search. This is essential to ensure the effective completion of an investigation, trial, or other legal proceedings.
Scope of the Search
The court has the authority to specify the precise location or part of a place that should be searched or inspected. The person executing the warrant is then limited to that designated area.
Limitations
Only a District Magistrate or Chief Judicial Magistrate can authorize a search warrant for documents. This can also be for parcels or other items in the custody of the postal authorities.
Illustration
Suppose a police officer investigating a robbery suspects that the stolen items are hidden in a specific house. The court may believe that the homeowner will not voluntarily provide access to the house. Then it can issue a search warrant, allowing the police to search the premises.
Common Questions and Answers
Q: What constitutes “reason to believe” for issuing a search warrant?
A: The court must have sufficient evidence or information to establish a reasonable basis. This is for believing that the specified documents or things exist at the designated location. Additionally, they must be relevant to the ongoing proceedings.
Q: Can a search warrant be issued without specifying the exact item to be searched for?
A: While the court can authorize a general search, it’s generally preferred that the warrant specifies the particular item or document sought to avoid unnecessary intrusion.
Q: Can a person be forced to reveal the location of a document or thing for which a search warrant is being sought?
A: This is a complex issue, and the answer depends on various factors. However, in most cases, a person cannot be compelled to reveal the location of evidence. This is unless they are legally obligated to do so.
