Introduction of Section 103 of BNSS / Guidelines for Search Warrants and Execution
BNSS Section 103 ensures that search warrants are executed lawfully, while safeguarding the rights of the person being searched. It provides detailed instructions on how officers must approach closed premises when a search is required under investigation. This section also highlights the responsibilities of the person in charge of the premises and the rights of individuals who may be searched. The law makes it clear that reasonable force can be used if necessary, but the dignity and privacy of those involved must be respected.
What is BNSS Section 103 ?
BNSS Section 103 is a provision under the Bhartiya Nyaya Sanhita (BNS) that lays down the procedure and guidelines for executing search warrants in cases where a property is closed. It mandates that any person in charge of a closed property must allow police officers to enter, and cooperate during the search if a valid search warrant is presented. The section also covers situations where force may be used to gain access, rules for searching individuals, especially women, and the requirement for independent witnesses during the search process.
BNSS Section of 103 in Simple Points
1. Duty to Allow Police Access
The first key point focuses on the duty of the person in charge of a place to allow the police officer access when a search warrant has been issued. If a police officer arrives at a closed property with a valid search warrant, the person residing there or in charge of the premises is legally required to let the officer enter. Refusing to open the door or obstructing access can lead to legal consequences. The person cannot stop the officer from entering the premises as long as the officer can show the search warrant. This ensures that the officer’s actions are authorized by law and that the search is conducted fairly and legally.
2. Ensuring Full Cooperation During Search
Once the officer is allowed entry, the person in charge of the premises is required to cooperate fully with the search. This means that the person cannot prevent the officer from searching any part of the premises that is mentioned in the warrant. They should provide access to all areas, including any rooms, cupboards, or places where items related to the investigation might be found. Full cooperation ensures that the search is completed without unnecessary delays and that the police can gather any evidence needed. The law protects both the individual’s rights and ensures that the search is carried out according to the proper legal procedures.
3. What Happens When Entry Is Denied?
In cases where the person in charge of the premises refuses to allow entry, the officer is authorized to take reasonable steps to force entry. This could involve actions such as breaking a door or window if it is impossible to gain access in a peaceful manner. However, using force is a last resort and only happens if the person refuses to cooperate. The police officer is required to exercise discretion and ensure that the force used is appropriate for the situation. This provision protects the rights of the people involved while also allowing law enforcement to carry out their duties when faced with resistance.
4. Protecting Rights: Special Rules for Women
One of the most important points in this section is the special provision for searching women. If the person to be searched is a woman, the search must be conducted by a female officer. This rule is in place to protect the dignity and privacy of women during searches. The law mandates that the search must be done with strict respect for decency and privacy. This provision ensures that women are not subjected to embarrassment or humiliation during the process. Additionally, it upholds the principle of fairness and ensures that searches are done in a respectful and culturally sensitive manner.
5. The Role of Independent Witnesses in Searches
Before the search takes place, the police officer must invite two or more independent and respectable witnesses from the local community to be present during the search. These witnesses ensure that the search is conducted lawfully and transparently. They observe the entire process to verify that everything is done correctly and that there is no misconduct. The role of these witnesses is crucial as they provide an unbiased account of the search. If no one from the local area is willing to be a witness, the police officer can call upon people from nearby areas. Witnesses help protect both the rights of the person being searched and the integrity of the police officer conducting the search.
Section 103 of BNSS Overview
Section 103 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the legal process that must be followed when police or any authorized officer wants to search a closed place, such as a house, shop, or office. This section ensures that searches are done lawfully, transparently, and with respect for individual rights.
BNSS Section 103: Detailed Explanation
1. Duty to Allow Entry When Warrant is Shown
When an officer arrives at a closed place (like a house, shop, godown, or office) with a valid search warrant, the person living there or in charge must allow the officer to enter freely. They should not block the way or delay the search. The officer must show the official warrant, and once it’s shown, the resident or in-charge person is legally required to cooperate. This helps the law enforcement carry out their duties effectively while maintaining respect for private property and legal process.
2. Officer Can Use Force If Entry is Denied
If someone refuses to open the place despite the officer showing the warrant, the officer can take action under Section 44(2) of BNSS. This allows the officer to use minimal force, like breaking a lock or door, to gain entry. This provision is important because sometimes people try to hide evidence by delaying or denying entry. However, officers must follow the rules and should not misuse this power or cause unnecessary damage.
3. Search of Person if Hiding Items is Suspected
If the officer reasonably suspects that someone present is hiding illegal or suspicious items (like drugs, weapons, or stolen goods) on their body, the officer has the legal right to search that person. This step cannot be done casually or without reason. There must be a clear belief or tip-off that the person is concealing something. This provision helps prevent the smuggling or hiding of key evidence, especially during sudden or surprise searches.
4. Women Must Be Searched by Another Woman
If the person who is suspected of hiding something is a woman, she can only be searched by another woman. This must be done with proper privacy and decency. Male officers are strictly not allowed to search female suspects, no matter what the situation is. This rule protects the dignity, privacy, and rights of women, ensuring that law enforcement acts respectfully and sensitively when women are involved in a case or investigation.
5. Presence of Independent Witnesses is Mandatory
Before conducting any search, the officer must call two or more respectable people from the local area (or nearby if none are available) to be present during the search. These people act as witnesses and help confirm that the search was done fairly and legally. The presence of neutral observers prevents the officer from planting false evidence and also protects the rights of the person being searched. If locals refuse, the officer can issue a written order asking them to attend.
6. Written List of Seized Items Must Be Prepared
During the search, the officer must prepare a clear and complete list of all the things taken during the search. This list should mention each item, its description, and where it was found. This written record protects both the investigating team and the accused, as it ensures that nothing extra is taken or planted. It also becomes a legal document that can be referred to in court.
7. Witnesses Must Sign the List, But Attendance in Court Not Required
After the search, the independent witnesses who were called must sign the list of seized items. Their signature confirms that they saw the search and that the list is truthful. However, these witnesses don’t have to appear in court unless the court specifically asks them to. This system avoids unnecessary burden on witnesses while still ensuring the process is trustworthy.
8. Occupant Can Attend the Search Process
The person whose house or place is being searched should be allowed to stay and watch the entire process. If they are not available, someone on their behalf (like a family member or employee) can observe. This ensures that the person can see what the officers are doing, and can raise objections if anything wrong or improper is done. It promotes fairness and transparency in legal searches.
9. Copy of Seizure List Must Be Given to Occupant or Person Searched
After the search, a signed copy of the list of seized items must be handed over to the occupant of the place or the person who was searched. This copy serves as proof of what the officers took. It helps the person keep track and also protects against false claims. Without this list, the person has no legal record to challenge or defend the search in court later.
10. Refusal to Witness a Search is a Punishable Offence
If someone is officially asked (in writing) to witness a search and refuses without a valid reason, it becomes a punishable offence under BNSS Section 222. This rule makes it clear that citizens have a duty to support law enforcement when needed, especially during searches. This does not mean everyone must agree, but if chosen and requested properly, refusing to cooperate is not acceptable under the law
Examples of BNSS Section 103
Example 1:
The police arrive at a house with a search warrant but find the gate locked. The person inside is asked to open it. He opens the door and allows the officers to search while two neighbors are present as witnesses. A proper list of items seized is prepared and handed over to the house owner. This is a proper application of Section 103.
Example 2:
Police suspect a woman hiding illegal documents on her body. They request a female constable to conduct the search with full respect and privacy. A list of seized items is given to the woman. This ensures that the search is legal and respectful.
Section 103 of BNSS Short Information
| Key Point | Explanation |
|---|---|
| 1. Duty to Allow Police Access | The person in charge of the closed premises must allow the police officer to enter and carry out the search, provided they show a valid search warrant. |
| 2. Cooperation During Search | The person in charge must cooperate and allow the officer to search the premises listed in the warrant without hindrance. |
| 3. Use of Force If Entry Is Denied | If access is refused, the police officer can use reasonable force, such as breaking open a door, to gain entry and proceed with the search. |
| 4. Special Provisions for Searching Women | If a woman is to be searched, the search must be conducted by another woman, ensuring the search is done with respect and decency. |
| 5. Independent Witnesses for the Search | Two or more independent, respectable witnesses must be present during the search to ensure transparency and prevent any misconduct. If no one from the locality is available, witnesses from nearby areas can be called. |
BNSS Section 103 FAQs
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