(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44. (3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency. (4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
Bharatiya Nagarik Suraksha Sanhita
Section 103
Persons in charge of closed place to allow search
⚡ Quick Answer Reference: Section 103 BNSS
- Provision: Section 103 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: If a place that needs to be searched is closed, the person in charge must let the officer in and help them search. If they can't get in, the officer can follow a special procedure. The officer can also search people who might be hiding something, and they must do it in a way that respects people's dignity. Before searching, the officer must ask some witnesses to be present and make a list of what they find.
What does Section 103 of BNSS say?
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What does Section 103 of BNSS mean?
Plain English Explanation
If a place that needs to be searched is closed, the person in charge must let the officer in and help them search. If they can't get in, the officer can follow a special procedure. The officer can also search people who might be hiding something, and they must do it in a way that respects people's dignity. Before searching, the officer must ask some witnesses to be present and make a list of what they find.
Practical Interpretation
In real-life situations, this section means that officers executing a search warrant must be allowed access to a closed place by the person in charge. If access is denied, the officer can follow the procedure outlined in Section 44. The officer must also respect people's dignity during searches and follow proper procedures.
Core Legal Purpose
The core purpose of this section is to ensure that officers executing search warrants can access closed places and conduct searches in a fair and respectful manner.
- •The place to be searched must be closed.
- •The person in charge of the place must be present.
- •The officer must produce the search warrant.
- •The officer must follow the procedure outlined in Section 44 if access is denied.
Practical Example of Section 103 BNSS
Rajesh, the owner of a small shop, is asked to let an officer in to search for evidence of a crime. Rajesh refuses, saying he's not at home. The officer must then follow the procedure outlined in Section 44, which may involve getting a locksmith to open the door or finding another way to gain access. Once inside, the officer must search the shop and make a list of what they find, with witnesses present to ensure the search is fair and respectful.
Frequently Asked Questions about Section 103 BNSS
Q: What is the punishment or consequence under Section 103 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 both private individuals and public entities, as it refers to 'any place liable to search or inspection under this Chapter'.
Q: Is an offence under this section bailable or cognizable?
This section does not prescribe a penal punishment, so it is not applicable to determine whether an offence is bailable or cognizable.
Common Questions about Section 103 BNSS
What is Section 103 of BNSS?
Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Persons in charge of closed place to allow search". In plain terms: If a place that needs to be searched is closed, the person in charge must let the officer in and help them search. If they can't get in, the officer can follow a special procedure. The officer can also search people who might be hiding something, and they must do it in a way that respects people's dignity. Before searching, the officer must ask some witnesses to be present and make a list of what they find.
What is the punishment under Section 103 of BNSS?
Section 103 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 103 of BNSS bailable or non-bailable?
Whether Section 103 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 103 of BNSS?
The essential elements of Section 103 of BNSS are: The place to be searched must be closed.; The person in charge of the place must be present.; The officer must produce the search warrant..
What is the IPC equivalent of Section 103 of BNS?
Section 103 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 100 of the old Indian Penal Code (IPC). Search of premises: BNSS adds mandatory video recording.
⚠️ Material Change: Search of premises: BNSS adds mandatory video recording.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 103 BNSS
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Patnahcucisdb94 High Court (10 8)
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