Section 108 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Magistrate May Direct Search In His Presence.

Code: 

Any magistrate may direct search in his presence of any place of which he is competent to issue a search-warrant.

Explanation:

This section empowers a magistrate to conduct searches in his presence at a place where they would otherwise be authorised to issue a search warrant. Let’s look at at the illustration.

Illustration: 

Imagine a situation where a magistrate receives information about illegal gambling activities occurring in a building. Section 108 allows the magistrate to go to the building themselves and conduct a search, instead of issuing a warrant and delegating the task to the police.

Common Questions and Answers: Magistrate May Direct Search In His Presence

Q: When might a magistrate use Section 108?
A: A magistrate might use this section when there’s a need for immediate action or when delegating the search to the police could raise concerns about its effectiveness.
Q: Are there any limitations on a magistrate’s power under Section 108?
A: Yes, the magistrate’s authority to search is still subject to the same legal grounds required for issuing a search warrant. They cannot conduct a search arbitrarily.