Section 97 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Search Of Place Suspected To Contain Stolen Property, Forged Documents, Etc.

Code: Section 97 BNSS

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first
class, upon information and after such inquiry as he thinks necessary, has reason to believe
that any place is used for the deposit or sale of stolen property, or for the deposit, sale or
production of any objectionable article to which this section applies, or that any such
objectionable article is deposited in any place, he may by warrant authorise any police
officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;

(c) to take possession of any property or article therein found which he
reasonably suspects to be stolen property or objectionable article to which this
section applies;
(d) to convey such property or article before a Magistrate, or to guard the same
on the spot until the offender is taken before a Magistrate, or otherwise to dispose of
it in some place of safety;
(e) to take into custody and carry before a Magistrate every person found in
such place who appears to have been privy to the deposit, sale or production of any
such property or article knowing or having reasonable cause to suspect it to be
stolen property or, as the case may be, objectionable article to which this section
applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought
into India in contravention of any notification for the time being in force issued under
section 11 of the Customs Act, 1962;
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 294 of the Bharatiya Nyaya
Sanhita, 2023;
(g) instruments or materials used for the production of any of the articles
mentioned in clauses (a) to (f).

Explanation of Section 97 BNSS

Objective:

• To prevent and combat the storage and sale of stolen goods and illegal articles.
• To authorize law enforcement to search and seize such items.
• To ensure criminals involved in such activities are brought before a Magistrate.

Key Provisions:

1. Who Can Issue a Search Warrant?

   • A District Magistrate (DM), Sub-Divisional Magistrate (SDM), or First-Class Magistrate.

2. When Can a Warrant Be Issued?

   • If credible information suggests a place is used for stolen property or objectionable articles.

3. Who Can Execute the Warrant?

   • A police officer above the rank of constable.

4. Actions Allowed Under the Warrant:

   • Entering and searching the premises.
   • Seizing suspected stolen property or illegal items.
   • Placing seized items in safe custody or presenting them to a Magistrate.
   • Arresting individuals involved in handling such items.

5. What Are “Objectionable Articles”?

   • Counterfeit currency or coins.
   • Forged documents or false seals.
   • Obscene materials as per Section 294 BNSS.
   • Materials or instruments used to make illegal items.

Illustration of Section 97 BNSS

Example 1: Illegal Currency Racket

A police officer receives information that a printing press is being used to produce counterfeit currency.
The Magistrate issues a warrant, and the police raid the premises, seizing fake notes and arresting the culprits.

Example 2: Storage of Stolen Mobile Phones

A shop is suspected of selling stolen mobile phones. After inquiry, the DM issues a search warrant.
The police enter, seize the stolen devices, and arrest the shop owner.

Example 3: Seizing Obscene Materials

A warehouse is used to store and sell obscene materials violating Section 294 BNSS.
A search warrant is issued, the materials are seized, and the owner is arrested.

Common Questions and Answers on Section 97 BNSS

1. Who can issue a search warrant under Section 97 BNSS?

• A District Magistrate (DM), Sub-Divisional Magistrate (SDM), or First-Class Magistrate.

2. Can the police search without a warrant under this section?

• No, a warrant is mandatory for searching premises suspected of storing stolen or illegal goods.

3. What happens to the seized items?

• They must be presented before a Magistrate or kept in safe custody until further legal proceedings.

4. What qualifies as an “objectionable article” under this section?

• Counterfeit currency, fake documents, false seals, obscene materials, and tools used to manufacture them.

5. Can a lower-rank police officer execute the search?

• No, only a police officer above the rank of a constable can carry out the search and seizure.

Conclusion

Section 97 BNSS gives Magistrates the power to issue search warrants for places suspected of storing stolen property or objectionable articles.
This provision helps curb illegal trade, protects public order, and ensures criminals are held accountable.

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