Section 102 of BNSS : Section 102: Direction, etc., of search-warrants.

Explanation using Example

Example 1:

Scenario: The police suspect that illegal firearms are being stored in a warehouse in Mumbai. They need to search the premises to find and seize these firearms.

Application of the Act:

1. Issuance of Search Warrant: The police obtain a search warrant under Section 96 of the Bharatiya Nagarik Suraksha Sanhita 2023.
2. Execution of Search Warrant: The provisions of sections 32, 72, 74, 76, 79, 80, and 81 are applied during the execution of the search warrant. This means:
   • Section 32: The search must be conducted in the presence of two or more respectable inhabitants of the locality.
   • Section 72: The officer conducting the search must prepare a list of all items seized during the search.
   • Section 74: The officer must provide a copy of the list of seized items to the person from whom the items were seized.
   • Section 76: The officer must ensure that the search is conducted in a manner that respects the privacy and dignity of the individuals involved.
   • Section 79: The officer must ensure that the search is conducted during daylight hours unless otherwise specified in the warrant.
   • Section 80: The officer must ensure that the search is conducted in a manner that minimizes damage to property.
   • Section 81: The officer must ensure that the search is conducted in a manner that ensures the safety of all individuals involved.

Outcome: The police conduct the search in accordance with the specified provisions, find the illegal firearms, and seize them. The search is documented, and a copy of the list of seized items is provided to the warehouse owner.

Example 2:

Scenario: A person in Delhi is suspected of possessing counterfeit currency notes. The police need to search the person's house to find and seize the counterfeit notes.

Application of the Act:

1. Issuance of Search Warrant: The police obtain a search warrant under Section 97 of the Bharatiya Nagarik Suraksha Sanhita 2023.
2. Execution of Search Warrant: The provisions of sections 32, 72, 74, 76, 79, 80, and 81 are applied during the execution of the search warrant. This means:
   • Section 32: The search must be conducted in the presence of two or more respectable inhabitants of the locality.
   • Section 72: The officer conducting the search must prepare a list of all items seized during the search.
   • Section 74: The officer must provide a copy of the list of seized items to the person from whom the items were seized.
   • Section 76: The officer must ensure that the search is conducted in a manner that respects the privacy and dignity of the individuals involved.
   • Section 79: The officer must ensure that the search is conducted during daylight hours unless otherwise specified in the warrant.
   • Section 80: The officer must ensure that the search is conducted in a manner that minimizes damage to property.
   • Section 81: The officer must ensure that the search is conducted in a manner that ensures the safety of all individuals involved.

Outcome: The police conduct the search in accordance with the specified provisions, find the counterfeit currency notes, and seize them. The search is documented, and a copy of the list of seized items is provided to the house owner.