Section 103 of BNSS : Section 103: Persons in charge of closed place to allow search.

Explanation using Example

Example 1:

Scenario: The police have obtained a warrant to search a house suspected of harboring stolen goods.

Details:

• The police arrive at the house with the search warrant.
• The house is locked, and the owner is inside.
• The police show the warrant to the owner and demand entry.
• The owner opens the door and allows the police to enter.
• The police conduct the search in the presence of two local residents who were called to witness the search.
• During the search, the police find stolen goods hidden in a cupboard.
• A list of the seized items is prepared and signed by the witnesses.
• A copy of the list is given to the owner of the house.

Example 2:

Scenario: The police suspect that a person in a crowded market is carrying illegal drugs.

Details:

• The police have a warrant to search the person.
• The person is a woman, so the police call a female officer to conduct the search.
• The female officer conducts the search with strict regard to decency.
• The search is conducted in the presence of two respectable inhabitants of the locality.
• The female officer finds illegal drugs concealed in the woman's bag.
• A list of the seized drugs is prepared and signed by the witnesses.
• A copy of the list is given to the woman.

Example 3:

Scenario: The police need to search a warehouse suspected of storing counterfeit goods, but the warehouse is locked and no one is inside.

Details:

• The police arrive at the warehouse with a search warrant.
• The warehouse is locked, and no one is present to open it.
• The police follow the procedure outlined in sub-section (2) of section 44 to gain entry.
• Once inside, the police conduct the search in the presence of two independent witnesses.
• The police find counterfeit goods stored in the warehouse.
• A list of the seized items is prepared and signed by the witnesses.
• Since no occupant is present, a copy of the list is kept for record purposes.

Example 4:

Scenario: A person refuses to witness a search despite being ordered in writing by the police.

Details:

• The police are conducting a search in a residential area and need witnesses.
• They issue a written order to a local resident to witness the search.
• The resident refuses without any reasonable cause.
• The police inform the resident that refusing to witness the search is an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.
• The resident still refuses, and the police proceed with the search with other witnesses.
• The resident is later charged with the offence of refusing to witness the search.

Example 5:

Scenario: The police are searching a house, and the owner wants to be present during the search.

Details:

• The police arrive at the house with a search warrant.
• The owner is present and requests to be present during the search.
• The police allow the owner to be present during the search.
• The search is conducted in the presence of two independent witnesses.
• The police find incriminating evidence in the house.
• A list of the seized items is prepared and signed by the witnesses.
• A copy of the list is given to the owner.