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

BNSS

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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 t...

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