Section 103 BNSS 2023: Persons in Charge of Closed Place to Allow Search

Updated: 10 September 2026

Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") lays down the general procedure for searches under Chapter VII. It deals with access to a closed place, search of persons found there, independent witnesses, preparation of seizure lists, the right of the occupant to remain present, and the consequence of refusing without reasonable cause to witness a search when lawfully required.

Text of Section 103 BNSS

103. Persons in charge of closed place to allow search.

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.

Meaning and Scope of Section 103

Section 103 is a general search-procedure provision. Its purpose is to regulate how a lawful search is carried out once a place is liable to search or inspection under Chapter VII. It balances effective execution of the search with procedural safeguards such as production of the warrant, independent witnesses, preparation of a seizure list, the occupant's presence, and delivery of copies of the relevant lists.

Sub-section-wise Explanation

Section 103(1): Duty to Permit Entry and Search

Where a place liable to search or inspection is closed, the resident or person in charge must, when the officer or other authorised person demands entry and produces the warrant, allow free ingress and provide reasonable facilities for carrying out the search.

Section 103(2): Entry When Access Is Refused or Cannot Be Obtained

If lawful ingress cannot be obtained, Section 103(2) incorporates the procedure in Section 44(2) BNSS. Section 44(2), in the circumstances stated there, permits entry and search and allows an outer or inner door or window to be broken open after the officer has notified his authority and purpose, demanded admittance and is otherwise unable to obtain entry.

Section 44(2) also contains a special proviso concerning an apartment in the actual occupancy of a female who, according to custom, does not appear in public. Before entry, she must be given notice that she is at liberty to withdraw and must be afforded every reasonable facility for doing so.

Section 103(3): Search of a Person at or Near the Place

A person in or about the place may be searched when there is reasonable suspicion that the person is concealing an article for which the search should be made. If the person is a woman, the statute requires the search to be conducted by another woman with strict regard to decency.

Section 103(4): Independent and Respectable Search Witnesses

Before beginning the search, the officer or other person must call upon two or more independent and respectable inhabitants of the locality to attend and witness the search. If suitable persons from that locality are unavailable or unwilling, persons from another locality may be called. A written order may be issued requiring attendance.

Section 103(5): Search in Presence of Witnesses and Seizure List

The search must be conducted in the presence of the witnesses. The officer or other person conducting it must prepare a list of all things seized and the places where they were found, and the witnesses must sign that list. A search witness is not required to attend Court merely because he witnessed the search unless the Court specially summons him.

Section 103(6): Occupant's Right to Attend and Receive the List

The occupant of the searched place, or a person acting on the occupant's behalf, must be permitted to remain present during the search. A copy of the seizure list signed by the witnesses must also be delivered to the occupant or representative.

Section 103(7): List When a Person Is Searched

If a person is searched under sub-section (3), a separate list of all things taken possession of must be prepared, and a copy must be delivered to that person.

Section 103(8): Refusal to Attend as Search Witness

A person who, without reasonable cause, refuses or neglects to attend and witness the search after a written order has been delivered or tendered is deemed to have committed an offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023 ("BNS").

What Is Section 222 BNS?

Section 222 BNS is titled "Omission to assist public servant when bound by law to give assistance." It penalises intentional omission to provide assistance where the person is legally bound to render or furnish assistance to a public servant. Section 103(8) BNSS expressly links unjustified refusal or neglect to attend and witness a search, after a written order, to this offence.

Key safeguards under Section 103

Production of the warrant before entry is demanded under sub-section (1).
Forced entry is governed by the conditions incorporated from Section 44(2).
A woman searched under sub-section (3) must be searched by another woman with strict regard to decency.
Two or more independent and respectable persons are to witness the search.
A contemporaneous list of seized articles and the places where they were found must be prepared and signed by witnesses.
The occupant or representative is entitled to attend the search and receive a copy of the signed list.
A person searched is entitled to a copy of the list of articles taken from that person.

Section 103 and Electronic Recording of Searches

Section 105 BNSS separately provides for recording the process of conducting a search of a place or taking possession of property, article or thing through audio-video electronic means, preferably by mobile phone, including preparation of the list of things seized and signing of that list by witnesses. Section 103 should therefore be read together with Section 105 wherever that provision applies.

Chapter VII Context

Section 103 appears under the general provisions relating to searches in Chapter VII of the BNSS. It follows Section 102, which applies specified warrant-execution rules to search warrants, and precedes Section 104, which deals with disposal of things found in a search conducted beyond the issuing Court's local jurisdiction.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received Presidential assent on 25 December 2023. By notification dated 23 February 2024, the Central Government appointed 1 July 2024 as the date on which the BNSS came into force, subject to the exception stated in that notification.

Related BNSS Sections

Official legal resources: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 | India Code - Bharatiya Nyaya Sanhita, 2023 | Ministry of Home Affairs - New Criminal Laws. Readers should verify the current statutory text, notifications and applicable judicial decisions from official sources before relying on this material in a legal proceeding.