If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.
Bharatiya Nagarik Suraksha Sanhita
Section 100
Search for persons wrongfully confined
Englishहिंदी
⚡ Quick Answer Reference: Section 100 BNSS
- Provision: Section 100 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section allows a District Magistrate or higher to issue a search warrant if they believe someone is being wrongfully confined, and the person found must be taken before a Magistrate.
Statutory Content
What does Section 100 of BNSS say?
Indian StandardSection 100, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 100 (India)
Court Pleading StandardSection 100 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/100
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 100 of BNSS mean?
Plain English Explanation
This section allows a District Magistrate or higher to issue a search warrant if they believe someone is being wrongfully confined, and the person found must be taken before a Magistrate.
Practical Interpretation
In practice, this section enables authorities to intervene in potential wrongful confinement cases by issuing search warrants, ensuring the confined person's safety and legal rights.
Core Legal Purpose
The core purpose is to provide a legal mechanism for authorities to rescue individuals wrongfully confined, upholding their rights and ensuring their safety through prompt legal action.
Key Legal Elements
- •The authority must have reason to believe the person is confined under circumstances amounting to an offence.
- •A search-warrant must be issued by the competent authority.
- •The key legal test is whether the confinement amounts to an offence.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 100 BNSS
Rajesh, a concerned citizen, reports to the District Magistrate that his friend, Priya, is being wrongfully confined by her family. The Magistrate, having reason to believe this, issues a search warrant. The police search for Priya, find her, and take her before a Magistrate, who then makes an appropriate order to ensure Priya's safety and rights.
Common Questions (FAQ)
Frequently Asked Questions about Section 100 BNSS
Q: What is the punishment or consequence under Section 100 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the actions of public authorities, specifically District Magistrates, Sub-divisional Magistrates, or Magistrates of the first class, in relation to private individuals or entities.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather a procedure for addressing wrongful confinement; thus, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 100 BNSS
What is Section 100 of BNSS?
Section 100 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Search for persons wrongfully confined". In plain terms: This section allows a District Magistrate or higher to issue a search warrant if they believe someone is being wrongfully confined, and the person found must be taken before a Magistrate.
What is the punishment under Section 100 of BNSS?
Section 100 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 100 of BNSS bailable or non-bailable?
Whether Section 100 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 100 of BNSS?
The essential elements of Section 100 of BNSS are: The authority must have reason to believe the person is confined under circumstances amounting to an offence.; A search-warrant must be issued by the competent authority.; The key legal test is whether the confinement amounts to an offence..
Landmark Case Laws
Landmark Judgments under Section 100 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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