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

This section, a part of the Bharatiya Nagarik Suraksha Sanhita (BNSS), deals with the power of a Magistrate to authorise the search and seizure of property suspected to be stolen or to contain objectionable articles. It essentially replaces the corresponding section (Section 97) of the erstwhile Code of Criminal Procedure (CrPC). Here is a review on search of place suspected to contain stolen property, forged documents etc.

1. Code

1. Authority to Enter and Search:
– If a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class, upon receiving information and after conducting such inquiry as deemed necessary, has reason to believe that any place is:
– (a) Used for the deposit or sale of stolen property; or deposit any objectionable article to which this section applies in any place
– (b) Used for the deposit, sale, or production of any objectionable article to which this section applies; orDeposit any objectionable article to which this section applies in any place
– The Magistrate may issue a warrant authorizing any police officer above the rank of a constable to:
– (a) Enter such place with necessary assistance;
– (b) Conduct a search of the premises in accordance with the provisions specified in the warrant;
(c) Take possession of any property or article found therein that you reasonably suspect to be stolen property or an objectionable article covered under this section.
– (d) Convey such property or article before a Magistrate, or guard it on the spot until the offender is brought before a Magistrate, or dispose of it in a place of safety as appropriate;
– (e) Take into custody and bring before a magistrate every individual found at the location who appears to have been involved in depositing, selling, or producing property or articles while knowing or suspecting their illicit nature.

2. Objectionable Articles Covered:
– The objectionable articles to which this section applies include:
– (a) Counterfeit coin;
– (b) Pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of customs notifications issued under the Customs Act, 1962;
– (c) Counterfeit currency notes and counterfeit stamps;
– (d) Forged documents;
– (e) False seals;
– (f) Obscene objects as described 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).

2. Explanation: Search Of Place Suspected To Contain Stolen Property, Forged Documents

This section empowers a District Magistrate, Sub-divisional Magistrate, or a First-Class Magistrate to authorize a police officer (above the rank of a constable) to conduct searches and seizures when there’s reasonable belief that:

• Use a place to store or sell stolen property
• Use a place to store, sell, or produce objectionable articles (defined below)
• Objectionable articles are present in a specific location.

The police officer, acting on a warrant issued by the Magistrate, can:

• Enter the specified place with necessary assistance.
• Search the place in the manner specified in the warrant.
• Bring the seized property or article before a Magistrate, guard it on-site, or secure it in a safe place.
• The seized property may be of stolen or objectionable reasons

• Apprehend and Bring Before a Magistrate Any Individual Found at the Location Involved in Storing, Selling, or Producing Stolen Property or Objectionable Articles

Objectionable articles under this section include:

• Counterfeit coins.
• Metal pieces manufactured illegally under the Coinage Act, 2011, or imported illegally under the Customs Act, 1962.
• Counterfeit currency notes, stamps.
• Forged documents.
• False seals.
• Obscene objects as defined under Section 294 of the Bharatiya Nyaya Sanhita, 2023.
• Instruments or materials used to produce any of the aforementioned articles.

3. Illustration

Based on an information, the officer approaches the Magistrate with a request for a warrant to search a warehouse. The Magistrate, after verifying the information, can issue a warrant authorizing the search. The police officer, with the warrant in hand, can then enter the warehouse, search it, seize any stolen electronics or other items, and apprehend any individual who appears involved in the storage of stolen goods.

4. Common Questions and Answers

Q: What is the basis for a Magistrate to issue a search warrant under this section?

A: The Magistrate must have reasonable belief, based on information and inquiry, that stolen property or objectionable articles are present in a particular place. Mere suspicion is not enough; there needs to be credible evidence to support the belief.

Q: What are the limitations on the search and seizure powers under this section?

A:  The police officer cannot exceed the scope of the warrant given by a magistrate.

Conduct the search in a reasonable manner while respecting the individual’s right to privacy and property

Q: Can a person who is apprehended under this section be detained without bail?

A: No, the person apprehended under this section has the right to bail, unless the Magistrate finds sufficient reason to deny bail.