Introduction to BNSS Section 97 / How Police Can Search Suspected Places Legally
BNSS Section 97 is about how and when the police can search a place if they believe stolen goods or illegal items are kept there. It allows certain magistrates to give search warrants after checking some facts. This helps the police find and take away things like fake money, forged documents, or stolen property. The rule makes sure that the search is done lawfully and fairly.
What is BNSS Section 97 ?
BNSS Section 97 gives the legal power to search any place where stolen or illegal items are believed to be kept. A Magistrate can issue a warrant to allow police to investigate, take the suspicious items, and arrest people connected to the crime.
BNSS Section of 97 in Simple Points
1. Who Can Issue the Search Warrant
Only a District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class can issue a search warrant under BNSS Section 97. They must first receive some information that a place is being used to store or sell stolen goods or other illegal things. But before giving the warrant, they will check whether the information seems true. This step is very important to avoid any mistake or misuse of power. The Magistrate has to be sure that there is a strong reason to search that place. This system keeps the law fair and protects innocent people. It also makes sure that searches are only done when truly necessary. This builds trust in the legal process.
2. What the Police Can Do With the Warrant
Once a search warrant is issued, it is given to a police officer who must be above the rank of a constable. The police officer can enter the place mentioned in the warrant, even by force if needed. They can take help from others to search the place properly. But they must search only in the way written in the warrant. This means the search has to follow the rules and be respectful. The police cannot search more than needed. This makes sure people’s rights are not wrongly affected. It also keeps the whole process legal and clear.
3. What Kind of Items Can Be Seized
BNSS Section 97 talks about many illegal things that the police can take if found during the search. These include stolen property, fake coins, counterfeit notes, forged documents, and obscene items. Even machines or materials used to make these illegal things can be taken by the police. These items are harmful to society and often used for cheating or criminal work. So, the law is very strict in stopping them. By seizing such things, the police help stop crime at its root. It also sends a strong message to those who may be doing such wrong acts.
4. Arrest of People Involved
If any person is found in the place during the search and seems to know about or be part of the illegal activity, the police can arrest them. This includes anyone who helped hide, sell, or make the stolen or fake goods. The person is then taken before a Magistrate for legal action. This ensures that not just the main criminal, but also others involved are caught. It helps in breaking the full network of the crime. The law is not just about finding stolen items but also punishing those helping in hiding or selling them.
5. Keeping the Seized Items Safe
After taking the illegal or stolen items, the police must keep them safe. They can either take them directly to the Magistrate or store them in a secure place. Sometimes they may even guard the items at the spot until the criminal is brought to court. This step is important to make sure the evidence is not lost or damaged. These items may be needed later in court during the trial. So, handling them properly shows fairness and responsibility. This also protects both the police and the public from any doubt or confusion
Section 97 of BNSS Overview
BNSS Section 97 allows a Magistrate to give a search warrant if there’s reason to believe that a place is being used to hide or sell stolen goods, forged items, or other illegal things. A police officer can enter, search, and seize such items and arrest anyone involved. This helps stop illegal trading of harmful or fake items.
10 Detailed Key Points of BNSS Section 97
1. When Search Can Be Ordered
If a Magistrate (District, Sub-divisional, or First Class) receives reliable information and believes that a place is being used to store or sell stolen or illegal items, they can allow the police to search that place. This search is not random — it’s only allowed after the Magistrate checks and confirms that the information seems true.
2. Who Can Issue the Search Warrant
Only certain types of Magistrates — District Magistrate, Sub-divisional Magistrate, or a Magistrate of the First Class — are allowed to issue a search warrant under this section. Not every officer has this power because the law wants to make sure only experienced and senior officers make these decisions.
3. Who Can Conduct the Search
The search must be done by a police officer who is above the rank of constable. This ensures that the officer handling the search understands the legal process and acts responsibly while searching someone’s property.
4. Police Can Enter the Suspected Place
The search warrant allows the police officer to enter the place mentioned in the warrant. They can take help from others if needed to enter and search the place. This is important if the place is locked, guarded, or difficult to access.
5. Police Can Search the Place
Once inside, the officer can search the place as directed in the warrant. The warrant may say which rooms or areas to search, and the officer must follow these instructions strictly. They can’t search areas not included in the warrant.
6. Police Can Take Possession of Suspected Items
If the officer finds anything that looks like stolen property or items covered under this section (like fake money, forged documents, etc.), they can take control of those items. These items may become important evidence in a court case.
7. Police Can Present Items to a Magistrate
The officer can take the seized items to a Magistrate right away. If that’s not possible, they must safely guard the items where they are until the matter is presented before the Magistrate. This ensures the items are not tampered with.
8. Police Can Arrest Suspected People
Anyone found at the place during the search who seems to know about or is involved in storing, selling, or producing stolen or illegal items can be arrested immediately. These people will be taken to the Magistrate for further questioning and legal action.
9. What Are “Objectionable Articles”
This section applies to certain dangerous or illegal items like:
- Fake coins or currency,
- Forged documents or stamps,
- Obscene items (like banned books or videos),
- Tools or materials used to make such items.
These things are harmful to society and illegal to produce or sell.
10. Legal Safeguards in Place
Before issuing a warrant, the Magistrate must first check the facts and make sure the information is reliable. This protects innocent people from unnecessary searches. The law tries to balance the power of the police with people’s right to privacy.
Examples of BNSS Section 97
Example 1: Fake Currency Printing
The police receive a tip that a small printing press is making fake currency notes. The Magistrate verifies the information and issues a warrant under BNSS Section 97. Police enter the press, find fake notes, machines, and arrest the people working there.
Example 2: Stolen Phones in a Shop
A mobile phone shop is suspected of selling stolen phones. After an inquiry, the Magistrate issues a warrant under Section 97. Police search the shop, find many unregistered phones and arrest the shop owner for hiding stolen property.
Section 97 of BNSS Short Information
| Key Point Title | Explanation |
|---|---|
| 1. Who Can Authorize the Search | District Magistrate, Sub-divisional Magistrate, or Magistrate of the First Class. |
| 2. When Can the Search Be Done | When there’s reason to believe a place stores or sells stolen or illegal items. |
| 3. What Police Can Do | Enter, search, seize property, and arrest people involved using a search warrant. |
| 4. What Can Be Seized | Stolen goods, counterfeit currency, forged documents, false seals, obscene materials, etc. |
| 5. What Happens After Seizure | The items are taken to a Magistrate or kept safe until further legal action is taken. |
BNSS Section 97 FAQs
BNSS 97
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