(1) Where— B.—Search-warrants (a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or (b) such document or thing is not known to the Court to be in the possession of any person; or (c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.
Bharatiya Nagarik Suraksha Sanhita
Section 96
When search-warrant may be issued
⚡ Quick Answer Reference: Section 96 BNSS
- Provision: Section 96 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: A court can issue a search warrant if it believes a person won't produce a document or thing required by a summons or requisition, or if the document or thing is unknown to the court. The court can also issue a warrant for a general search if it thinks it's necessary for an inquiry, trial, or other proceeding.
What does Section 96 of BNSS say?
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What does Section 96 of BNSS mean?
Plain English Explanation
A court can issue a search warrant if it believes a person won't produce a document or thing required by a summons or requisition, or if the document or thing is unknown to the court. The court can also issue a warrant for a general search if it thinks it's necessary for an inquiry, trial, or other proceeding.
Practical Interpretation
In practice, this section allows courts to issue search warrants in situations where a person is uncooperative or the document or thing is unknown. The court has discretion to specify the place or part to be searched, and the warrant can be executed by a designated person.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for courts to obtain evidence or documents necessary for an inquiry, trial, or other proceeding, while also ensuring that the search is conducted in a manner that respects individual rights and privacy.
- •The court has reason to believe that a person will not produce a document or thing required by a summons or requisition.
- •The document or thing is not known to the court to be in the possession of any person.
- •The court considers that the purposes of any inquiry, trial, or other proceeding will be served by a general search or inspection.
- •The court may specify the particular place or part to which the search or inspection shall extend.
Practical Example of Section 96 BNSS
Rajesh, a businessman, is suspected of tax evasion. The court issues a search warrant under Section 96 of BNSS, allowing the tax authorities to search his office and residence for documents related to his business. The warrant specifies the particular places to be searched, and the tax authorities execute the warrant, seizing relevant documents and evidence.
Frequently Asked Questions about Section 96 BNSS
Q: What is the punishment or consequence under Section 96 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 provides a mechanism for courts to obtain evidence or documents necessary for an inquiry, trial, or other proceeding.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 96 BNSS
What is Section 96 of BNSS?
Section 96 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "When search-warrant may be issued". In plain terms: A court can issue a search warrant if it believes a person won't produce a document or thing required by a summons or requisition, or if the document or thing is unknown to the court. The court can also issue a warrant for a general search if it thinks it's necessary for an inquiry, trial, or other proceeding.
What is the punishment under Section 96 of BNSS?
Section 96 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 96 of BNSS bailable or non-bailable?
Whether Section 96 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 96 of BNSS?
The essential elements of Section 96 of BNSS are: The court has reason to believe that a person will not produce a document or thing required by a summons or requisition.; The document or thing is not known to the court to be in the possession of any person.; The court considers that the purposes of any inquiry, trial, or other proceeding will be served by a general search or inspection..
What is the IPC equivalent of Section 96 of BNS?
Section 96 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 93 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 96 BNSS
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Patnahcucisdb94 High Court (10 8)
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