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Central Act · India · CHAPTER VII — Processes to Compel the Production of Things

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

Bharatiya Nagarik Suraksha Sanhita, 2023 · Edition: User-supplied Law Library BNSS page, attributed to India Code as on 6 October 2025; imported 6 November 2026

(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 (45 of 2023).

Source document ↗

Judgments on Section 103

LOK 2026 (10) SC 85 · Supreme Court of India

Ramkrushna Prahllad Dongardive v. State of Maharashtra

Equivalent citations: 2026 INSC 1099

ActsBharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Penal Code 1860 - Section 409, Code of Criminal Procedure, 1973 - Section 100

Appellant, a Cashier-cum-Counter Clerk with Telephone Department, Aurangabad, was acquitted by the Trial Court of the charge under Section 409 IPC on the ground that the prosecution failed to prove exact amounts collected or credited, key registers were not produced, and search/seizure procedures were non-compliant.…