When, in the execution of a search- warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court. D.—Miscellaneous
Bharatiya Nagarik Suraksha Sanhita
Section 104
Disposal of things found in search beyond jurisdiction
Englishहिंदी
⚡ Quick Answer Reference: Section 104 BNSS
- Provision: Section 104 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: This section explains what happens when a search warrant is executed outside the court's local jurisdiction and items are found. These items must be taken to the court that issued the warrant or a nearby magistrate.
Statutory Content
What does Section 104 of BNSS say?
Indian StandardSection 104, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 104 (India)
Court Pleading StandardSection 104 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/104
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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 104 of BNSS mean?
Plain English Explanation
This section explains what happens when a search warrant is executed outside the court's local jurisdiction and items are found. These items must be taken to the court that issued the warrant or a nearby magistrate.
Practical Interpretation
In practice, this section ensures that items found during a search are handled properly, even if the search occurs outside the issuing court's jurisdiction. It outlines the procedure for handling such items.
Core Legal Purpose
The core purpose is to establish a clear procedure for disposing of items found during a search beyond the issuing court's jurisdiction, ensuring they are handled and potentially presented in court in an orderly manner.
Key Legal Elements
- •A search warrant must have been issued by a court.
- •The search must have been executed at a place beyond the local jurisdiction of the court that issued the warrant.
- •The key legal test is whether the place where the search was conducted is nearer to the magistrate having jurisdiction or the court that issued the warrant.
- •A key exception or limitation is if there is good cause to the contrary, the magistrate may not make an order authorizing the items to be taken to the issuing court.
Practical Example
Practical Example of Section 104 BNSS
Rajesh, a police officer, executes a search warrant at a location outside the jurisdiction of the court that issued it. He finds several items relevant to the case. According to this section, Rajesh must immediately take these items, along with a prepared list, to either the court that issued the warrant or, if closer, to the magistrate with jurisdiction over the area where the search was conducted. The magistrate can then decide whether to order the items to be taken to the issuing court.
Common Questions (FAQ)
Frequently Asked Questions about Section 104 BNSS
Q: What is the punishment or consequence under Section 104 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 execution of search warrants, which typically involves law enforcement or public entities. However, it does not directly address the applicability to private individuals versus public entities, as its focus is on the procedure following a search.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence; it outlines a procedural requirement for handling items found during a search. Therefore, it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 104 BNSS
What is Section 104 of BNSS?
Section 104 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Disposal of things found in search beyond jurisdiction". In plain terms: This section explains what happens when a search warrant is executed outside the court's local jurisdiction and items are found. These items must be taken to the court that issued the warrant or a nearby magistrate.
What is the punishment under Section 104 of BNSS?
Section 104 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 104 of BNSS bailable or non-bailable?
Whether Section 104 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 104 of BNSS?
The essential elements of Section 104 of BNSS are: A search warrant must have been issued by a court.; The search must have been executed at a place beyond the local jurisdiction of the court that issued the warrant.; The key legal test is whether the place where the search was conducted is nearer to the magistrate having jurisdiction or the court that issued the warrant..
Landmark Case Laws
Landmark Judgments under Section 104 BNSS
Patnahcucisdb94 High Court (10 8)
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