BNSS Section Replacing CRPC Section 100
Code:
1. Authority to Issue Warrant:
– If any District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class has reason to believe that any person is confined under circumstances amounting to an offence, he may issue a search-warrant.
2. Execution of Warrant:
– The person to whom such warrant is directed may search for the person so confined in accordance with the warrant.
3. Procedure upon Finding the Confined Person:
– Upon finding the person confined, the person conducting the search shall immediately take the confined person before a Magistrate.
4. Magistrate’s Order:
– The Magistrate shall then make such order as is deemed proper in the circumstances of the case.
Explanation: Search For Persons Wrongfully Confined
Section 148 of the BNSS empowers a District Magistrate, Sub-divisional Magistrate, or a Magistrate of the first class to issue a search warrant if they have reason to believe that a person is being held in confinement under circumstances that constitute an offence.
This provision is intended to protect individuals from illegal detention and ensure that any person held in confinement is brought before a Magistrate for due process of law.
Illustration
Imagine a situation where a person is reported missing, and there are credible reasons to believe that they are being held against their will in a particular house. The concerned Magistrate can, upon receiving this information, issue a search warrant to the police to search the house and locate the missing person.
If the missing person is found, they will be brought before the Magistrate, who will then decide on the appropriate course of action based on the circumstances.
Common Questions and Answers: Search For Persons Wrongfully Confined
Q: Who can issue a search warrant under this section?
A: A District Magistrate, Sub-divisional Magistrate, or a Magistrate of the first class.
Q: What are the grounds for issuing a search warrant?
A: There must be reasonable belief that a person is being held in confinement under circumstances that amount to an offence.
Q: What happens to the person found in confinement?
A: The person is immediately taken before a Magistrate who will then decide on the appropriate course of action.
