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Bharatiya Nagarik Suraksha Sanhita

Section 97

Search of place suspected to contain stolen property, forged documents, etc

Quick Answer Reference: Section 97 BNSS

  • Provision: Section 97 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
  • Jurisdiction: India
  • Summary: A District Magistrate or police officer can search a place if they suspect it's being used to sell stolen goods or forged documents. They can enter the place, search it, and take away any stolen goods or documents they find.
Statutory Content

What does Section 97 of BNSS say?

(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a) to enter, with such assistance as may be required, such place; (b) to search the same in the manner specified in the warrant; (c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies; (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety; (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are— (a) counterfeit coin; (b) pieces of metal made in contravention of the Coinage Act, 2011 (11 of 2011), or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962 (52 of 1962); (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals; (f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); (g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Indian StandardSection 97, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 97 (India)
Court Pleading StandardSection 97 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/97

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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 97 of BNSS mean?

Plain English Explanation

A District Magistrate or police officer can search a place if they suspect it's being used to sell stolen goods or forged documents. They can enter the place, search it, and take away any stolen goods or documents they find.

Practical Interpretation

This section is often used in cases where police have received a tip-off about a place being used to sell stolen goods or forged documents. The officer will need to get a warrant from a Magistrate before they can search the place.

Core Legal Purpose

The core purpose of this section is to allow law enforcement to investigate and prevent the sale of stolen goods and forged documents. It gives them the power to search places and seize any evidence they find.

Key Legal Elements
  • A District Magistrate or police officer must have reason to believe that a place is being used to sell stolen goods or forged documents.
  • The officer must get a warrant from a Magistrate before they can search the place.
  • The officer must search the place in the manner specified in the warrant.
  • The officer can only seize goods or documents that they reasonably suspect are stolen or forged.
Practical Example

Practical Example of Section 97 BNSS

Rajesh, a police officer, receives a tip-off that a local shop is selling counterfeit currency notes. He gets a warrant from the District Magistrate and searches the shop. He finds a large stash of counterfeit notes and seizes them. He also arrests the shop owner, Priya, for selling the counterfeit notes.

Common Questions (FAQ)

Frequently Asked Questions about Section 97 BNSS

Q: What is the punishment or consequence under Section 97 of BNSS?

The punishment for selling stolen goods or forged documents under Section 97 of BNSS can include imprisonment for up to 3 years and a fine of up to Rs. 10,000. The punishment can be increased if the goods or documents are of a high value or if the offender has been previously convicted of a similar offence.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities. Any person who sells stolen goods or forged documents can be charged under this section.

Q: Is an offence under this section bailable or cognizable?

An offence under this section is cognizable, meaning that a police officer can arrest the offender without a warrant. However, the offender can apply for bail in court.

People Also Ask (PAA)

Common Questions about Section 97 BNSS

What is Section 97 of BNSS?

Section 97 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Search of place suspected to contain stolen property, forged documents, etc". In plain terms: A District Magistrate or police officer can search a place if they suspect it's being used to sell stolen goods or forged documents. They can enter the place, search it, and take away any stolen goods or documents they find.

What is the punishment under Section 97 of BNSS?

Section 97 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 97 of BNSS bailable or non-bailable?

Whether Section 97 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 97 of BNSS?

The essential elements of Section 97 of BNSS are: A District Magistrate or police officer must have reason to believe that a place is being used to sell stolen goods or forged documents.; The officer must get a warrant from a Magistrate before they can search the place.; The officer must search the place in the manner specified in the warrant..

What is the IPC equivalent of Section 97 of BNS?

Section 97 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 94 of the old Indian Penal Code (IPC). There was no material change in the provision.

Law Transition Mapping
Corresponds to Old Law
Old LawSection 94Code of Criminal Procedure (CrPC)
This SectionSection 97Bharatiya Nagarik Suraksha Sanhita (BNSS)

✓ No material change in the provision.

View Old Law Equivalent →Compare Side-by-Side →
Landmark Case Laws

Landmark Judgments under Section 97 BNSS

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

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