Section 97 BNSS 2023 - Search of Place Suspected to Contain Stolen Property, Forged Documents, etc.
Section 97 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers specified Magistrates, after receiving information and making such inquiry as considered necessary, to issue a warrant for the search of a place believed to be used for the deposit or sale of stolen property or for the deposit, sale or production of specified objectionable articles.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. It came into force on July 1, 2024, subject to the statutory exception relating to the First Schedule entry for Section 106(2) of the Bharatiya Nyaya Sanhita, 2023. Section 97 is part of Chapter VII dealing with processes to compel production of things and search warrants.
Text of Section 97 BNSS
97. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable-
(a) to enter, with such assistance as may be required, such place;
(b) to search the same in the manner specified in the warrant;
(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;
(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.
(2) The objectionable articles to which this section applies are-
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).
What Section 97 BNSS Means
Section 97 is a targeted search-warrant provision. It applies where a specified Magistrate has reason to believe that a place is being used in connection with stolen property or with certain listed objectionable articles. The power is not automatic: the Magistrate acts on information and may conduct such inquiry as considered necessary before issuing the warrant.
The warrant may authorise a police officer above the rank of constable to enter and search the place, seize suspected stolen property or objectionable articles, secure those articles, and take into custody persons who appear to have knowingly participated in their deposit, sale or production.
Who May Issue a Warrant under Section 97?
| Authority | Condition |
|---|---|
| District Magistrate | May issue the warrant upon information, after such inquiry as considered necessary, and on having reason to believe the statutory conditions exist. |
| Sub-divisional Magistrate | Has the same power within Section 97 when the statutory threshold is satisfied. |
| Magistrate of the first class | May issue a warrant under the same statutory conditions. |
Powers that May Be Given to the Police Officer
- Enter the specified place with such assistance as may be required.
- Search the place in the manner stated in the warrant.
- Take possession of property or articles reasonably suspected to be stolen property or covered objectionable articles.
- Produce the property or article before a Magistrate, guard it on the spot, or otherwise secure it in a place of safety.
- Take into custody and produce before a Magistrate persons who appear to have knowingly been privy to the deposit, sale or production of such property or articles.
Objectionable Articles Covered by Section 97
Section 97(2) provides a specific list. It includes counterfeit coin, certain unlawful pieces of metal, counterfeit currency notes, counterfeit stamps, forged documents, false seals, obscene objects covered by Section 294 of the Bharatiya Nyaya Sanhita, 2023, and instruments or materials used to produce those articles.
| Article | Related Legal Reference |
|---|---|
| Counterfeit coin | Expressly listed in Section 97(2)(a) BNSS. |
| Specified pieces of metal | Coinage Act, 2011 and notifications under Section 11 of the Customs Act, 1962. |
| Counterfeit currency notes and counterfeit stamps | Expressly listed in Section 97(2)(c) BNSS. |
| Forged documents | Expressly listed in Section 97(2)(d) BNSS. |
| False seals | Expressly listed in Section 97(2)(e) BNSS. |
| Obscene objects | Objects referred to in Section 294 of the Bharatiya Nyaya Sanhita, 2023. |
| Production instruments or materials | Tools or materials used to produce any article listed in clauses (a) to (f). |
Meaning of the Linked Legal Provisions
Section 11 of the Customs Act, 1962
Section 11 of the Customs Act, 1962 empowers the Central Government, by notification, to prohibit absolutely or subject to conditions the import or export of specified goods for statutory purposes. Section 97(2)(b) BNSS refers to pieces of metal brought into India in contravention of a notification in force under that provision.
Coinage Act, 2011
The Coinage Act, 2011 provides the statutory framework governing coinage in India. Section 97(2)(b) BNSS includes pieces of metal made in contravention of that Act among the objectionable articles for which the special search power may be exercised.
Section 294 of the Bharatiya Nyaya Sanhita, 2023
Section 97(2)(f) BNSS expressly refers to obscene objects covered by Section 294 of the Bharatiya Nyaya Sanhita, 2023. The reference should be read with the current BNS text when determining whether an article falls within that category.
Relationship with Section 96 BNSS
Section 96 BNSS contains the general circumstances in which a Court may issue a search warrant. Section 97 is more specific: it deals with places suspected to contain stolen property or the listed objectionable articles and sets out the authorities who may issue the warrant and the powers that may be conferred on the executing police officer.
Related BNSS Provisions
The provision should also be read with Section 98 BNSS concerning forfeiture of certain publications and related search warrants, and the succeeding provisions governing search warrants, searches, seizures and disposal of things found during search.
Official Legal Resources
For the authoritative statutory materials, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, the Ministry of Home Affairs commencement notification, the India Code portal, and the Ministry of Home Affairs - New Criminal Laws.
This page is intended for general legal information. For case-specific advice or procedural strategy, consult a qualified legal professional.