Section 100 of BNSS : Section 100: Search for persons wrongfully confined.

Explanation using Example

Example 1:

Scenario: Rani is a domestic worker employed in the house of Mr. Sharma in Mumbai. Rani's family has not heard from her for several weeks and they suspect she might be wrongfully confined in Mr. Sharma's house. Rani's brother approaches the local police station and files a complaint.

Application of Section 100:

• The District Magistrate of Mumbai reviews the complaint and finds reasonable grounds to believe that Rani is being wrongfully confined.
• The Magistrate issues a search warrant to the local police inspector.
• The police, armed with the search warrant, conduct a search of Mr. Sharma's house and find Rani locked in a room.
• Rani is immediately taken before the Magistrate, who then decides the appropriate course of action, which may include taking Mr. Sharma into custody and initiating legal proceedings against him.

Example 2:

Scenario: Arjun, a young software engineer, has not returned home from work for several days. His colleagues mention that he was last seen leaving the office with his manager under suspicious circumstances. Arjun's parents, worried about his safety, report the matter to the police.

Application of Section 100:

• The Sub-divisional Magistrate of the area considers the report and believes there is sufficient reason to suspect that Arjun might be confined unlawfully.
• The Magistrate issues a search warrant to the police.
• The police execute the search warrant and find Arjun locked in a warehouse owned by the manager.
• Arjun is rescued and brought before the Magistrate.
• The Magistrate orders an investigation into the manager’s actions and ensures Arjun's safe return to his family.

Example 3:

Scenario: Kavita, a minor girl, is suspected to be held against her will in a factory where she was taken for child labor. Her parents file a missing person report and suggest she might be in the factory.

Application of Section 100:

• The Magistrate of the first class reviews the parents’ report and suspects wrongful confinement.
• The Magistrate issues a search warrant to the police.
• The police conduct a search of the factory premises and discover Kavita confined in a locked room.
• Kavita is immediately taken to the Magistrate.
• The Magistrate arranges for Kavita’s safe return to her parents and orders legal action against the factory owner for unlawful confinement and child labor.

Example 4:

Scenario: During a routine check, police receive a tip-off about several individuals being held against their will in a remote farmhouse. The police report this to the District Magistrate.

Application of Section 100:

• The District Magistrate evaluates the information and finds it credible enough to warrant a search.
• A search warrant is issued, directing the police to investigate the farmhouse.
• Police officers search the premises and find a group of workers locked in a shed, forced to work without pay.
• The workers are freed and brought before the Magistrate.
• The Magistrate initiates proceedings to address their unlawful confinement and orders an investigation into the farmhouse owner’s practices.

Example 5:

Scenario: Meena has been missing for several days, and her friends suspect she is being held by a local gang involved in human trafficking. They report their suspicions to the authorities.

Application of Section 100:

• The Sub-divisional Magistrate, upon receiving the report, believes there is a valid reason to suspect wrongful confinement.
• The Magistrate issues a search warrant to a special police task force.
• The task force conducts a raid on the gang’s hideout and rescues Meena, who is found confined in a basement.
• Meena is taken before the Magistrate, who ensures her safety and directs the police to take appropriate legal action against the gang members for kidnapping and wrongful confinement.