BNSS Section 104: Execution of Search Warrant Beyond Local Jurisdiction
Code:
1. When, in the execution of a search warrant at any place beyond the local jurisdiction of the Court which issued the warrant, any of the things for which search is made are found:
(a) Such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant.
2. If the place where the search is conducted is nearer to a Magistrate having jurisdiction therein than to the issuing Court:
(a) The list and things shall be immediately taken before such Magistrate.
3. Unless there is good cause to the contrary:
(a) Such Magistrate shall make an order authorising the items to be taken to the Court that issued the warrant.
Explanation:
This section outlines the procedure for handling seized items during the execution of a search warrant when the search takes place outside the jurisdiction of the court that issued the warrant.
Scenario:
Imagine a court in Delhi issues a search warrant for a property in Mumbai. During the search, the police find incriminating evidence. This section tells us what to do with the seized items.
Procedure:
- Seized Items: The seized items, along with a list prepared according to the prescribed format, should be taken to the court that issued the warrant in Delhi.
- Exception: If the location where the items were seized (Mumbai) is closer to a magistrate in Mumbai than to the Delhi court, then the items should be taken to the Mumbai magistrate instead.
- Magistrate’s Order: The Mumbai magistrate, unless there’s a compelling reason not to, should order the seized items to be taken to the Delhi court.
Common Questions and Answers
Q: What happens if the seized items are highly sensitive or require special handling?
A: In such cases, the investigating officer can request the court’s permission to take necessary steps to safeguard the items until they are transported to the designated court.
Q: What if the magistrate in Mumbai refuses to order the items to be taken to the Delhi court?
A: The investigating officer can challenge this decision through an appeal. This section highlights the importance of preserving the chain of custody for seized items during search operations, ensuring proper documentation and timely transportation to the appropriate authority.
