Section 102 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Direction, Etc., Of Search-Warrants.

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BNSS Section 102: Direction, Etc., Of Search-Warrants

This section in the Bharatiya Nagarik Suraksha Sanhita (BNSS) mirrors a provision in the Code of Criminal Procedure (CrPC) and ensures the direction, Etc., of search-warrants.

Code:

The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.

Explanation: on Direction, Etc., Of Search-Warrants

This section mandates that the procedural safeguards outlined in sections 32, 72, 74, 76, 79, 80, and 81 of the BNSS apply to search warrants issued under sections 96, 97, 98, or 100. These safeguards aim to protect individual rights and ensure that search warrants are executed legally and fairly.

Illustration:

Imagine a situation where a search warrant is issued under Section 96 of the BNSS for a suspected stolen item. This section requires the police to follow the procedures outlined in Section 32, which dictates the time of search, presence of witnesses, and recording of evidence. Similarly, Section 72 mandates that a copy of the search warrant be provided to the individual whose premises are being searched.

Common Questions and Answers:

Q: What are the specific safeguards provided by the sections mentioned in Section 102?

A: The sections referred to in Section 102 cover various aspects, including:

  • Time of search (Section 32)
  • Presence of witnesses (Section 32)
  • Recording of evidence (Section 32)
  • Powers of the executing officer (Sections 72, 74)
  • Procedure for entering premises (Section 76)
  • Seizure and handling of seized items (Sections 79, 80, 81)
Also Read  Section 159 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Power Of Magistrate To Furnish Written Instructions, Etc.

Q: Why are these safeguards important for search warrant execution?

A: These safeguards are crucial to prevent abuse of power by the authorities and to protect the individual’s right to privacy and due process. They ensure transparency, fairness, and accountability in the execution of search warrants.

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