Section 100 CrPC and Section 103 BNSS: Persons in Charge of Closed Places to Allow Search
Section 100 of the Code of Criminal Procedure, 1973 prescribed the procedure for searching closed premises, including access under a search warrant, independent witnesses, preparation of seizure lists and safeguards for occupants. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 103.
What does Section 100 CrPC provide?
The heading of Section 100 CrPC is "Persons in charge of closed place to allow search." Its eight subsections establish duties and procedural safeguards when a closed place is searched under the relevant chapter. The corresponding Section 103 BNSS substantially retains those protections, while updating cross-references to the new criminal laws.
Section 103 BNSS: Explanation of all eight subsections
Subsection (1): Access to a closed place
The occupant or person in charge must permit entry and provide reasonable facilities when the person executing a search warrant demands access and produces the warrant.
Subsection (2): Entry when access is refused
If entry cannot be obtained, the executing officer may proceed under Section 44(2) BNSS (formerly Section 47(2) CrPC), subject to its statutory conditions.
Subsection (3): Search of a person
A person reasonably suspected of concealing an article sought in the search may be searched. A woman must be searched by another woman with strict regard to decency.
Subsection (4): Independent search witnesses
Before searching, the officer must call upon two or more independent and respectable local inhabitants, or persons from another locality if suitable local witnesses are unavailable or unwilling. A written order may be issued.
Subsection (5): Search and seizure list
The search must take place in the witnesses' presence. A list of seized articles and where they were found must be prepared and signed by the witnesses. Witnesses need not attend court unless specially summoned.
Subsection (6): Occupant's right to attend
The occupant or a representative must be allowed to attend the search and must receive a copy of the signed seizure list.
Subsection (7): Receipt for personal search
If a person is searched under subsection (3), a list of articles taken must be prepared and a copy supplied to that person.
Subsection (8): Refusal to witness a search
A person who, without reasonable cause, refuses or neglects to witness a search after service or tender of a written order is treated as committing the offence under Section 222 of the Bharatiya Nyaya Sanhita, 2023 (previously Section 187 IPC).
Section 100 CrPC and Section 103 BNSS: Important changes
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Search of closed premises | Section 100 | Section 103 |
| Entry when access is not obtained | Section 47(2) | Section 44(2) |
| Failure to comply with written direction to witness a search | Section 187 IPC, 1860 | Section 222 BNS, 2023 |
| Audio-video recording of search and seizure | No equivalent general requirement in Section 100 itself | Read with Section 105 BNSS |
Practical safeguards during a search
When a search is conducted under these provisions, the person executing the warrant must follow the applicable legal requirements. These include production of the warrant when seeking access under subsection (1), calling independent witnesses, recording seized items and their locations, and giving the occupant or representative a copy of the signed list. The rules do not give an occupant an unconditional right to obstruct a lawful search.
Women and personal searches: Under subsection (3), a woman must be searched by another woman with strict regard to decency. The list-and-copy requirement under subsection (7) also applies when an individual is searched under that subsection.
Audio-video recording under Section 105 BNSS
Section 105 BNSS separately requires the process of conducting a search of a place or taking possession of property, articles or things under the relevant chapter or Section 185, including preparation of the seizure list and signing by witnesses, to be recorded through audio-video electronic means, preferably a mobile phone. The recording must be forwarded without delay to the designated Magistrate under that provision. This requirement should be read alongside Section 103 BNSS.
Frequently asked questions
Can police enter a closed place when a search warrant is produced?
Section 103(1) BNSS requires the person residing in or in charge of a closed place liable to search to allow access and reasonable facilities upon demand and production of the warrant. If access is not obtained, subsection (2) refers to the procedure under Section 44(2) BNSS.
Are independent witnesses required during a search?
Section 103(4) requires the officer to call upon two or more independent and respectable inhabitants, subject to the locality and availability rules in that subsection. Subsection (5) requires the search and seizure list to be witnessed as prescribed.
Must the occupant receive a copy of the seizure list?
Yes. Section 103(6) requires a copy of the witness-signed list to be delivered to the occupant or a person acting on the occupant's behalf.
Does Section 100 CrPC still apply?
For new matters governed by the BNSS, the corresponding provision is Section 103. Whether a particular earlier investigation, inquiry, trial or other proceeding continues under the CrPC depends on the savings provisions of Section 531 BNSS and the circumstances of that proceeding.
Official legislative sources
For the authoritative statutory wording and any subsequent changes, consult the Ministry of Home Affairs legislative resources, the Bureau of Police Research and Development criminal laws portal, and the National Crime Records Bureau BNSS chapter text. These official resources contain the current legislation and related materials.
Legal information is general in nature. Application to a particular search depends on the warrant, statutory authority, facts and applicable judicial decisions.