Introduction to Section 104 of BNSS / Disposal of Things Found in Search Beyond Jurisdiction
Section 104 of BNSS deals with situations when a search-warrant is executed outside the area (jurisdiction) of the court that issued it. Sometimes police need to search a place located in a different city or state. In such cases, if any item is found during that search, this section explains how to properly handle and report those items.
- Introduction to Section 104 of BNSS / Disposal of Things Found in Search Beyond Jurisdiction
- What is BNSS Section 104 ?
- BNSS Section of 104 in Simple Points
- 1. When the Search Happens Outside the Issuing Court’s Area
- 2. All Seized Items Must Be Listed and Handled Properly
- 3. Items Must Be Taken to the Issuing Court—Unless a Closer Magistrate is Available
- 4. Local Magistrate Can Authorize Items to Be Sent Back
- 5. Helps in Fast and Fair Justice Across Regions
- Section 104 of BNSS Overview
- BNSS Section 104 – “Disposal of Things Found in Search Beyond Jurisdiction”
- 1. Applies When Search Happens Outside the Court’s Area
- 2. Legal Authority for Handling Items Found Outside Jurisdiction
- 3. List of Seized Items Must Be Prepared Immediately
- 4. Items Must Be Taken to the Court That Issued the Warrant
- 5. Exception – Take Items to the Nearest Magistrate If Appropriate
- 6. Magistrate Must Authorize Transfer to Original Court
- 7. Ensures Chain of Custody of Evidence
- 8. Avoids Jurisdictional Delays in Criminal Cases
- 9. Upholds Fairness and Efficiency in Criminal Justice System
- 10. Strengthens Police Accountability and Court Oversight
- Examples of BNSS Section 104
- Section 104 of BNSS Short Information
- BNSS Section 104 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 104 ?
BNSS Section 104 talks about what should be done with the items found during a search conducted outside the area of the court that issued the search warrant. It provides clear guidelines to ensure that even if the search happens in a different jurisdiction, the procedure remains lawful and organized.
BNSS Section of 104 in Simple Points
1. When the Search Happens Outside the Issuing Court’s Area
BNSS Section 104 applies when the search takes place in a different area (jurisdiction) than the one where the warrant was issued. For example, if a court in Mumbai issues a warrant and the search is conducted in Pune, this section helps guide what should happen next. The law ensures that officers conducting the search know how to deal with the things they find, even if they are outside their home jurisdiction. This helps avoid confusion and ensures proper legal steps are followed across different locations.
2. All Seized Items Must Be Listed and Handled Properly
Once a search is done and things are found (such as stolen property, illegal items, or documents), a proper list must be made right away. This list should include a description of each item, where it was found, and how it was stored. The list is important because it proves what was discovered during the search and protects both the police and the accused from false claims. This step ensures transparency and prevents the tampering or hiding of evidence.
3. Items Must Be Taken to the Issuing Court—Unless a Closer Magistrate is Available
If the place of search is far from the court that issued the warrant, but there is a local Magistrate nearby, then the police can take the items to that closer Magistrate instead. This saves time and avoids the delay of transporting evidence long distances. It also ensures the safety of the seized items and maintains quick legal processing. However, this is allowed only if the nearby Magistrate is closer than the original issuing court.
4. Local Magistrate Can Authorize Items to Be Sent Back
If the items are taken to a closer Magistrate (instead of the original court), that Magistrate has the legal authority to decide what should happen next. Normally, the Magistrate will allow the items to be sent to the original court that issued the warrant—unless there is a strong reason not to. This ensures the original court still controls the evidence and the case, maintaining consistency in the legal process.
5. Helps in Fast and Fair Justice Across Regions
BNSS Section 104 makes sure that legal procedures work smoothly even when different areas or states are involved. In India, crimes often span across cities or states. This section allows for effective cooperation between different jurisdictions. It keeps the investigation smooth and ensures that people don’t escape justice just because they crossed into another area. It is an important law for handling crimes that move across borders.
Section 104 of BNSS Overview
BNSS Section 104 ensures a proper and legal procedure is followed when police or investigative officers carry out a search warrant outside the jurisdiction of the court that issued it. If any items are found during such a search—whether documents, evidence, or property—they must be properly listed and presented to either:
- The court that issued the warrant, or
- The nearest Magistrate (if closer than the issuing court).
This section is important to maintain legal order and fair handling of evidence when searches happen across different regions. It helps avoid delays, confusion, or unlawful actions, and ensures that evidence remains valid during a trial.
BNSS Section 104 – “Disposal of Things Found in Search Beyond Jurisdiction”
1. Applies When Search Happens Outside the Court’s Area
BNSS Section 104 becomes relevant when a search warrant is executed in a location that lies outside the geographical limits (jurisdiction) of the court that issued the warrant. In India, courts operate within specific regions. If a court in Delhi issues a search warrant, but the search is conducted in Noida (U.P.), this law guides what should be done with the items found there. It ensures that such cross-border searches are legally managed and that there is no confusion over which court takes charge of the items.
2. Legal Authority for Handling Items Found Outside Jurisdiction
When the search leads to the discovery of objects or evidence (like documents, contraband, or items used in a crime), this section gives a clear legal framework for what to do next. It ensures the items are not mishandled, lost, or hidden due to jurisdiction issues. Without this rule, important evidence could be delayed or stuck between courts, hampering investigations.
3. List of Seized Items Must Be Prepared Immediately
As per Section 104, a detailed list of all items found during the search must be made right away. This includes specifying what was found, where it was found, and its condition. This list must be legally prepared and preserved so that it can be presented in court. The process avoids later confusion, tampering, or false claims about the items.
4. Items Must Be Taken to the Court That Issued the Warrant
If the issuing court is closer than the place of search, then the seized items and the list should be taken directly to that court. This means that even if the search took place in a different city or state, the court that originally authorized the search should receive the findings unless another court is closer and more appropriate to handle it.
5. Exception – Take Items to the Nearest Magistrate If Appropriate
If the location where the search was conducted is closer to a different Magistrate’s court, then the seized items can be taken to that local Magistrate. This ensures that the evidence does not need to travel long distances unnecessarily. It saves time and resources and ensures quick action.
6. Magistrate Must Authorize Transfer to Original Court
After receiving the items, the nearby Magistrate has the power to examine the situation and, if there is no valid reason to do otherwise, must authorize the transfer of the seized articles to the court that issued the warrant. This keeps the case centralized and ensures that the issuing court remains in control of the evidence.
7. Ensures Chain of Custody of Evidence
This section helps maintain the chain of custody—which means tracking the movement, handling, and storage of evidence from the moment it is collected to the time it is presented in court. This is crucial for fair trials. If this chain is broken, the evidence may become legally unusable.
8. Avoids Jurisdictional Delays in Criminal Cases
Sometimes, a case involves actions or individuals located in different regions. Without a law like Section 104, evidence found outside a court’s area could get delayed or stuck. This section prevents that by giving a clear route for how to move forward when boundaries overlap.
9. Upholds Fairness and Efficiency in Criminal Justice System
By offering a standardized method to handle cross-jurisdiction searches, Section 104 helps maintain fairness in criminal cases. It ensures that one area does not unnecessarily delay justice for another. Victims and accused both benefit when laws work quickly and properly across state or city borders.
10. Strengthens Police Accountability and Court Oversight
Police officers and investigating agencies are bound by this law to follow proper procedures when dealing with items seized outside the warrant-issuing area. This keeps their powers in check and allows courts to supervise what happens to the evidence. It prevents the misuse of power and protects individual rights during searches.
Examples of BNSS Section 104
Example 1:
A court in Delhi issues a search warrant for a house in Lucknow. During the search, illegal documents are found. As per Section 104, since Lucknow is far from Delhi but has a local Magistrate, the police take the documents and the list to the Lucknow Magistrate. The Magistrate then authorizes them to be sent to the Delhi court.
Example 2:
A search warrant is issued by a court in Chennai, but the search is conducted in a nearby town that falls under another court’s jurisdiction. The items found are taken directly to the Chennai court because it is closer than the local Magistrate. This follows BNSS Section 104’s guidance for proper evidence handling.
Section 104 of BNSS Short Information
| Key Point | Description |
|---|---|
| Search beyond jurisdiction | Applies when a search happens outside the area of the issuing court |
| Immediate presentation of items | Seized items must be taken immediately to the nearest proper authority |
| Priority of location | Items go to the issuing court if it’s closer; otherwise, to the local Magistrate |
| Magistrate’s power | The nearby Magistrate can order the transfer of items to the original court |
| Maintains legal chain of custody | Ensures legal evidence is handled properly and reaches the right court |
BNSS Section 104 FAQs
BNSS 104
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