Section 104 BNSS 2023: Disposal of Things Found in Search Beyond Jurisdiction

Updated: 10 September 2026

Section 104 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") regulates what must happen when articles sought under a search warrant are found at a place outside the local jurisdiction of the Court that issued the warrant. It prescribes the Court or Magistrate before whom the seized things and the accompanying list must be taken.

Text of Section 104 BNSS

104. Disposal of things found in search beyond jurisdiction.

When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

Meaning and Scope of Section 104

Section 104 is a custody and transmission provision. It applies after a search warrant issued by one Court has been executed outside that Court's local jurisdiction and the objects named or sought in the search are actually found.

The section ensures that seized material does not remain without judicial supervision merely because the search occurred outside the issuing Court's territorial limits. It creates a direct route back to the issuing Court while also recognising the practical role of the local Magistrate where that Magistrate is nearer to the place of search.

When Section 104 Applies

Requirement	Meaning
A search warrant is being executed	The provision concerns execution of a judicial search warrant, not an unrelated seizure power.
The search takes place beyond local jurisdiction	The place searched lies outside the local jurisdiction of the Court that issued the warrant.
The things sought are found	The procedure is triggered when one or more of the things for which the search was made are located.
A list accompanies the things	The seized things must travel with the list prepared under the applicable search provisions.

Ordinary Rule: Take the Things to the Issuing Court

The primary rule is that the things found, together with their list, must be taken immediately before the Court that issued the search warrant. The word "immediately" emphasises prompt judicial production rather than unnecessary retention elsewhere.

Exception: Nearest Magistrate Having Jurisdiction

If the place where the search is executed is nearer to the Magistrate having jurisdiction there than to the Court that issued the warrant, Section 104 directs that the seized things and the list be taken immediately before that Magistrate instead.

This does not ordinarily make the local Magistrate the final destination of the seized material. Unless there is good cause to the contrary, that Magistrate is to make an order authorising the things to be taken to the Court that issued the warrant.

Section 104 procedure in simple terms

A Court issues a search warrant.
The warrant is executed outside that Court's local jurisdiction.
The things sought in the warrant are found.
The things and the prescribed list are ordinarily taken immediately to the issuing Court.
If the local jurisdictional Magistrate is nearer, the things and list are first taken immediately to that Magistrate.
Unless good cause exists to the contrary, the Magistrate authorises their transmission to the issuing Court.

Relationship with Section 103 BNSS

Section 103 contains the general safeguards and procedure for conducting searches, including preparation of a list of things seized and the places where they were found, signature of search witnesses, the occupant's right to attend, and delivery of a copy of the list. Section 104 relies on the existence of the prescribed list when things found outside jurisdiction are produced before the issuing Court or the nearer Magistrate.

Relationship with Section 102 BNSS

Section 102 applies specified warrant-execution provisions to search warrants issued under Sections 96, 97, 98 and 100. Section 104 then deals with the subsequent handling of things found when such a search is executed beyond the issuing Court's local jurisdiction.

Relationship with Section 105 BNSS

Section 105 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. It also refers to preparation of the list of things seized and signing of that list by witnesses. Section 104 should therefore be read together with the surrounding search-and-seizure provisions where applicable.

Why Section 104 Matters

Search warrants may need to be executed beyond the territorial limits of the Court that issued them. Section 104 provides a clear judicial chain for seized material in that situation. It helps preserve accountability, facilitates prompt judicial oversight and specifies how the material is to reach the Court responsible for the warrant.

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It was notified 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 | 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.