Section 96 of BNSS : Section 96: When search-warrant may be issued.

Explanation using Example

Example 1:

Scenario: A police investigation into a financial fraud case.

Details: The police are investigating a large-scale financial fraud involving multiple individuals. They have reason to believe that crucial documents related to the fraud are stored in the office of one of the suspects, Mr. Sharma. Despite issuing a summons under Section 94 for Mr. Sharma to produce these documents, he has failed to comply.

Application of Section 96:

• The Court, suspecting that Mr. Sharma will not produce the required documents, decides to issue a search warrant under Section 96(1)(a).
• The search warrant is directed to the investigating officer, allowing them to search Mr. Sharma's office for the documents.
• The Court specifies in the warrant that the search should be limited to Mr. Sharma's office premises only, as per Section 96(2).

Outcome: The police execute the search warrant, find the necessary documents in Mr. Sharma's office, and use them as evidence in the ongoing fraud investigation.

Example 2:

Scenario: A missing person case where the location of the person is unknown.

Details: A young woman, Priya, has been reported missing. The police have no leads on her whereabouts and suspect that she might be held against her will. They believe that searching certain locations might yield clues about her location.

Application of Section 96:

• The Court, recognizing that the document or thing (in this case, clues about Priya's whereabouts) is not known to be in the possession of any specific person, issues a search warrant under Section 96(1)(b).
• The search warrant allows the police to conduct a general search in various locations where they suspect Priya might be held.
• The Court does not specify particular places in the warrant, giving the police the flexibility to search multiple locations as needed.

Outcome: The police conduct searches in several locations and eventually find Priya in an abandoned warehouse. The search warrant under Section 96 facilitated the discovery and rescue of the missing person.

Example 3:

Scenario: Inspection of a factory suspected of violating environmental laws.

Details: A factory owned by Mr. Verma is suspected of illegally dumping hazardous waste, causing environmental damage. The Court is conducting an inquiry into these allegations.

Application of Section 96:

• The Court considers that the purposes of the inquiry will be served by a general inspection of the factory premises, as per Section 96(1)(c).
• The Court issues a search warrant allowing environmental inspectors to conduct a thorough inspection of the factory.
• The warrant specifies that the inspection should cover the entire factory premises, including storage areas and waste disposal sites, as per Section 96(2).

Outcome: The inspectors execute the search warrant, find evidence of illegal dumping, and the factory is subsequently fined and ordered to clean up the environmental damage.

Example 4:

Scenario: Retrieval of a parcel suspected to contain contraband.

Details: The police receive a tip-off that a parcel containing illegal drugs is being held at a local post office. The parcel is addressed to an unknown recipient.

Application of Section 96:

• The Court issues a search warrant to retrieve the parcel from the custody of the postal authority, as per Section 96(3).
• The warrant is granted by the Chief Judicial Magistrate, as only a District Magistrate or Chief Judicial Magistrate is authorized to issue such a warrant.

Outcome: The police execute the search warrant, retrieve the parcel from the post office, and confirm that it contains illegal drugs. The evidence is used to track down and arrest the individuals involved in the drug trafficking operation.