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.
Bharatiya Nagarik Suraksha Sanhita
Section 102
Direction, etc., of search-warrants
Englishहिंदी
⚡ Quick Answer Reference: Section 102 BNSS
- Provision: Section 102 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section says that certain rules from other sections will apply to search warrants issued under specific sections. These rules cover things like how to conduct a search, what to do with seized items, and how to handle objections.
Statutory Content
What does Section 102 of BNSS say?
Indian StandardSection 102, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 102 (India)
Court Pleading StandardSection 102 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/102
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✓ 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 102 of BNSS mean?
Plain English Explanation
This section says that certain rules from other sections will apply to search warrants issued under specific sections. These rules cover things like how to conduct a search, what to do with seized items, and how to handle objections.
Practical Interpretation
In real practice, this section means that when a search warrant is issued under sections 96, 97, 98, or 100, the rules from sections 32, 72, 74, 76, 79, 80, and 81 will be followed. This ensures consistency and fairness in the search process.
Core Legal Purpose
The core purpose of this section is to provide a framework for the execution of search warrants by applying existing rules and procedures to ensure that searches are conducted in a lawful and respectful manner.
Key Legal Elements
- •Search warrants issued under sections 96, 97, 98, or 100
- •Application of rules from sections 32, 72, 74, 76, 79, 80, and 81
- •Key legal test or threshold standard: the rules from the mentioned sections will apply
- •Key exception or limitation: the rules will apply 'so far as may be'
Practical Example
Practical Example of Section 102 BNSS
Rajesh, a police officer, is issued a search warrant under section 96 to search the premises of a suspect. As per section 102, the rules from sections 32, 72, 74, 76, 79, 80, and 81 will apply. This means that Rajesh must follow the procedures outlined in these sections, such as obtaining the consent of the occupant, conducting the search in the presence of a magistrate, and handling seized items in accordance with the law.
Common Questions (FAQ)
Frequently Asked Questions about Section 102 BNSS
Q: What is the punishment or consequence under Section 102 of BNSS?
Section 102 does not prescribe any punishment or consequence. It is a procedural section that applies existing rules to search warrants, and its non-compliance may lead to consequences under the relevant sections (e.g., sections 32, 72, 74, 76, 79, 80, and 81).
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the execution of search warrants, which can be issued against anyone, including individuals and organizations.
Q: Is an offence under this section bailable or cognizable?
Section 102 is a procedural section and does not create any offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 102 BNSS
What is Section 102 of BNSS?
Section 102 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Direction, etc., of search-warrants". In plain terms: This section says that certain rules from other sections will apply to search warrants issued under specific sections. These rules cover things like how to conduct a search, what to do with seized items, and how to handle objections.
What is the punishment under Section 102 of BNSS?
Section 102 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 102 of BNSS bailable or non-bailable?
Whether Section 102 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 102 of BNSS?
The essential elements of Section 102 of BNSS are: Search warrants issued under sections 96, 97, 98, or 100; Application of rules from sections 32, 72, 74, 76, 79, 80, and 81; Key legal test or threshold standard: the rules from the mentioned sections will apply.
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